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03-11-92 Regular " . . , CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - MARCH 11. 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 presentati9n 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 indi vidual will be limited to three minutes or less (10 minutes for group presentations). The Mayor or presiding officer may adjust the amount of time allocated at his/her discretion. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction 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 appropr:Late time, please step up to the podium and state, for the record, your name and address. All comments will be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred from speaking further to the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by majority vote of the Commission members present. '" " . City Commission Regular Meeting 3/11/92 APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does ~ot 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. 4A. Canvass Returns and Declare Results of March 10, 1992, Special Election. 5. Approval of Regular Meeting minutes of February 25, 1992. 6. Proclamations: A. Girl Scout Week - March 8, 1992 through March 14, 1992. 7. Presentations: A. Loren Sheffer - Education Board/Education Exposition. B. Presentation by Coalition of Citizens, Business Leaders and Tennis Players with regard to the location of the City's Tennis Courts. 8. Consent Agenda: City Manager recommends approval. A. RENEWAL OF CONTINUING AGREEMENT WITH ERNST AND YOUNG: Approve the renewal, for a three year period ending September 3D, 1994, of the continuing agreement with Ernst and Young for financial auditing services. B. SUPPLEMENTAL INTERLOCAL AGREEMENT/NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT: Approve a supplemental interlocal agreement with Northern Palm Beach County Water -2- '. .. . City Commission Regular Meeting 3/11/92 Control District for Part II of the National Pollutant Discharge Elimination System (NPDES) Municipal Permit Application. C. GRANTING OF RIGHT-OF-WAY DEED AND APPROVAL OF RESTORATION AGREEMENT: Grant a right-of-way deed to Palm Beach County for a 7' x 52' strip of land and approve a restoration agreement which provides that the County may encroach on the City's property at the Municipal Golf Course, up to two (2 ) feet, from the right-of-way line on Atlantic Avenue. D. CHANGE ORDER NO. 3/REOUEST FOR FINAL PAYMENT/PAVEX. INC. : Approve Change Order No. 3 in the amount of $1,976.17 to the contract with Pavex, Inc. and approve the request for final payment in the amount of $38,619.66 for completion of the S.W. 4th Avenue and 10th Street Intersection Improvements and Old School Square roadway improvements with funding from General Construction Fund - Traffic Intersections (Account No. 334-4141-541-60.62). E. CHANGE ORDER NO. 3/REOUEST FOR FINAL PAYMENT/ELKINS CONSTRUCTORS. INC. : Approve Change Order No. 3 in the amount of $4,634.85 to ,the ,contract with Elkins :Constructors, Inc. and approve the request for final payment in the amount of $40,842.82 for completion of the Miller Park Water Storage Tank and Booster Station project with funding from Water and Sewer Miller Park Storage Construction (Account No. 441-5181-536-69.02). F. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION: Industrial Waste Pretreatment Agreement. G. RESOLUTION NO. 27-92: A resolution commending William H. Greenwood for his outstanding performance as an employee of the City of Delray Beach. H. RESOLUTION NO. 28-92: A resolution vacating and abandoning an utility easement located on the north six feet of Lots, 23, 24 and 25; the west three feet of Lot 24; and the east three feet of Lots 25, 26, 27 and 28, Block 5, Plat 2 of 2 Southridge, in conjunction with the Groves of Delray Plat #1. I. RESOLUTION NO. 26-92: A resolution assessing the cost for abatement action necessary to remove nuisances on 16 properties located within the City. J. AWARD OF BIDS AND CONTRACTS: 1. Automatic Sampler - Water Treatment Plant - Perkin-Elmer in the amount of $12,086.20 with funding from Water and Sewer Lab Supplies (Account No. 441-5122-536-35.16). -3- ., . City Commission Regular Meeting 3/11/92 2. Poly-Phosphate - Environmental Services - Technical Products, Corp. in the estimated annual amount of $58,500 with funding from Water and Sewer Treatment- Chemicals (Account No. 441-5122-536-35.18). 3. Chemicals - Environmental Services - Jones Chemicals (Liquid Chlorine) in the estimated annual amount of $19,980; Allied Universal (Calcium Hypochlorite and Sodium Hypochlorite) in the estimated annual amount of $57,270 with funding from Water and Sewer Lift Station Maintenance Chemicals (Account No. 441-5144-536-35.18) 4. Lease Purchase Demo - Johnson 600 Series Street Sweeper ($2,202 per month) and Extended Warranty $2,200 - with funding from Stormwater Utility Fund - Equipment Other (Account No. 448-5416-538-60.89). 5. Equipment Rental and Emergency Assistance - Environmental Services (Coop Bid with Boca Raton) - Johnson Davis, Inc. , Belvedere Construction, and W. Jackson and Sons Construction with funding as required. K. REFUND AGREEMENT: Approve the agreement between the City and County for the payment of hydrant rental fees and refund of enclave tax funds by the . County in return for .the refund of Beach Renourishment,funds by 'the City. 9. Regular Agenda: 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 February 24, 1992 through through March 6, 1992. B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION: Consider an appeal of a Site Plan Review and Appearance Board action approving the basic site plan for the Groves of Delray. C. AMENDMENT TO INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/STREET MAINTENANCE RESPONSIBILITIES: Approve an amendment to the interlocal agreement with the County to transfer maintenance responsibility and jurisdiction from the County to the City for various roadways within the City limits. City Manager recommends approval. D. REOUEST FOR MODIFICATION OF STANDARDS/911 EVE STREET: Consider a request from the property owner at 911 Eve Street to permit a dock to remain as constructed within 10 feet of the adjacent property line. City Engineer recommends approval. E. SERVICE AUTHORIZATION NO. 4/PROFESSIONAL ENGINEERING CONSULTANTS. INC. ( PEC) : Approve Service Authorization No. 4 in the amount of $44,322 for engineering services to conduct a rehabilitation study and preparation of a project manual for the rehabilitation of sanitary gravity sewer lines in Lift Station Basins 8, 18 and 32 with funding from Water and Sewer Renewal -4- . , City Commission Regular Meeting 3/11/92 and Replacement - Manhole Rehabilitation (Account No. 442-5178-536-61.84). City Manager recommends approval. F. RESOLUTION NO. 29-92: A resolution urging the Solid Waste Authority to continue its present disposal billing system, and to continue working closely with Municipalities to develop waste reduction/minimization programs. City Manager recommends approval. G. APPOINTMENT OF A MEMBER TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a member to the Delray Beach Housing Authority to fill the unexpired term of William F. Maher ending 10/27/95. H. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint a member to the Historic Preservation Board to fill the unexpired term of William V. Ayers ending 8/31/92. I. CHANGE ORDER NO. 4/ELKINS CONSTRUCTORS. INC: Approve Change Order No. 4 in the amount of $18,140 to the contract with Elkins Constructors, Inc. for additional services required for the North Water Storage Tank and Pump station project with funding from 1984 Water and Sewer Construction Fund - North Plant (Account No. 441-5162-536-60.93). City Manager recommends approval. 10. Public Hearings: A. ORDINANCE NO. 8-92: An Ordinance rezoning and placing land presently zoned RM (Multiple Family Residential - Medium Density) district in CF (Community Facilities) district, said property being located on the south side of Atlantic Avenue, between Palm Way and S.E. 7th Avenue, to accommodate a parking lot in conjunction with the redevelopment of the former Patio of Delray site. Planning and Zoning Board recommends approval. 1. REOUEST FOR CONDITIONAL USE APPROVAL: Approve a request for conditional use approval to establish a parking lot in conjunction with the redevelopment of the former Patio of Delray site. Planning and Zoning Board recommends approval. 2 . PALM SOUARE STREET CLOSING: Consider a trial closing of Palm Square. B. ORDINANCE NO. 9-92: An Ordinance amending the Land Development Regulations to provided that any required impact fee assessed for the purpose of providing park and recreation facilities shall be collected at the time of issuance of a building permit. Planning and Zoning Board recommends approval. C. ORDINANCE NO. 10-92: An Ordinance amending the Land Development Regulations to provide for a change in the approval authority for canopies to the Chief Building Official instead of -5- '.' City Commission Regular Meeting 3/11/92 the City Commission. Planning and Zoning Board recommends approval. D. PURCHASE OF PROPERTY: Approve the purchase of the two Downtown Development Authority parking lots located on N.E. 4th Avenue to the City. City Manager recommends approval. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. A. City Manager1s response to prior public comments and inquiries. B. From the Public. 12. First Readings: A. ORDINANCE NO. 11-92: An Ordinance correcting the zoning from PC (Planned Commerce) district to POD (Planned Office District) for the Landis Medical Offices located on the northwest corner of Lowson Boulevard and Congress Avenue. Special Adjustment Advisory Board recommends approval. 13. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager D. County and Municipal Issues -6- .. . CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - MARCH 11. 1992 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA AMENDMENT THE PROCEDURAL AGENDA IS AMENDED TO INCLUDE: Item 5. Approval of Regular Meeting minutes of February 25, 1992 and Special Meeting Minutes of March 3, 1992. THE REGULAR AGENDA IS AMENDED TO INCLUDE: J. CHANGE ORDER NO. l/TUTTLE'S DESIGN BUILD INC: Approve Change Order No. 1 in the amount of $15,000 and increasing the contract completion date by five days for the acquisition and planting of ten Royal Palm Trees at the Municipal Golf Coursej with funding from Municipal Golf Course - Improvements Other (Account No. 445-4761-572-60.69). " . .. M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER fM \ SUBJECT: AGENDA ITEM # t.f A - MEETING OF MARCH 11, 1992 CANVASS RETURNS AND DECLARE RESULTS OF MARCH 10, 1992, SPECIAL ELECTION DATE: MARCH 6, 1992 A report of the March 10, 1992, Special Election results, together with the appropriate motions, will be provided to the Commission prior to the start of the March 11th regular meeting. .. ,."" ., . M E M 0 RAN DUM TO: Mayor and City Commissioners FROM: Alison MacGregor Harty, City Clerk~ SUBJECT: RESULTS OF SPECIAL ELECTION - MARCH 10, 1992 DATE: March 11, 1992 Presented for your review are the cumulative totals for the regular and absentee ballots as certified by the Supervisor of Elections for Palm Beach County, Florida, indicating the results of the Special Election held on Tuesday, March 10, 1992. The results are as follows: BALLOT QUESTION #1 INCREASING THE LENGTH OF TERMS FOR COMMISSIONERS AND MAYOR FROM TWO TO THREE YEARS An amendment to the City Charter of the City of Delray 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) 4,269 Regular + 138 Absentee = 4,407 TOTAL NO (Against Approval) 5,246 Regular + 105 Absentee = 5,351 TOTAL MOTION: Move to approve the total votes for Ballot Question #1 and, based upon the above and foregoing, it is hereby declared that Ballot Question #1, entitled "Increasing the Length of Terms for Commissioners and Mayor from Two to Three Years", has been disapproved by a majority of the electors of the City of Delray Beach, Florida, voting at the election held on March 10, 1992. .. " . . To: Mayor and City Commissioners Re: Results of March 10, 1992, Special Election March 11, 1992 - Page 2 BALLOT QUESTION #2 THE CANDIDATE RECEIVING THE HIGHEST NUMBER OF VOTES IS ELECTED, WITHOUT REGARD TO MAJORITY An amendment to the City Charter of the City of Delray 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. Shall the above described Charter Amendment be adopted? YES (For Approval) 5,624 Regular + 164 Absentee = 5,788 TOTAL NO (Against Approval) 3,364 Regular + 65 Absentee = 3,429 TOTAL MOTION: Move to approve the total votes for Ballot Question #2 and, based upon the above and foregoing, it is hereby declared that Ballot Question #2, entitled "The Candidate Receiving the Highest Number of Votes is Elected, without Regard to Majority", has been approved by a majority of the electors of the City of Delray Beach, Florida, voting at the election held on March 10, 1992. BALLOT QUESTION #3 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? .. ".., . To: Mayor and City Commissioners Re: Results of March 10, 1992, Special Election T March 11, 1992 - Page 3 YES (For Approval) 6,595 Regular + 192 Absentee = 6,787 TOTAL NO (Against Approval) 2,907 Regular + 45 Absentee = 2,952 TOTAL MOTION: Move to approve the total votes for Ballot Question #3 and, based upon the above and foregoing, it is hereby declared that Ballot Question #3, entitled "Limiting Mayor and Commissioners to Six Consecutive Years of Elected Service", has been approved by a majority of the electors of the City of Delray Beach, Florida, voting at the election held on March 10, 1992. MAYOR AND CITY COMMISSION SEATS: Thomas E. Lynch, being the only candidate to qualify for the office of Mayor; Jay Alperin, being the only candidate to qualify for the office of City Commission Seat #2; and David E. Randolph, Sr., being the only candidate to qualify for the office of City Commission Seat #4, are hereby declared to be elected to the offices for which they respectively qualified pursuant to Section 5.04(b) (2) of the City's Charter. They shall serve for a term of two (2) years, commencing on the 26th day of March, 1992, and ending in accordance with the City Charter. MOTION: That Thomas E. Lynch, Jay Alperin and David E. Randolph, Sr. are hereby declared to be elected to the offices of Mayor, City Commission Seat #2 and City Commission Seat #4, respectively, being the only candidates to have qualified for said offices, to be seated as of March 26, 1992, for a two (2) year term ending in accordance with the City Charter. AMH/m Attachment cc: City Manager City Attorney " ,.to .. 03/11/92 ' '15: 05 '5'4137 355 413136 PBC SU~_OF ELEC ......... C I T Y /DELRA Y BCH. 14113131 ~ .~ ~ ~ ~ 6 6 0 .: ,~ ~ :: ~ ~l 1~ .r .:- ,; ~. .: .~ .: :: . Of ~ J"o r _. _ 'E\ ~ : ..,.. 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CITY DF DELRAY BEA[H ~ -.- PROCLUI4. no\ WHEREAS, March 12, 1992, is the 80th anniversary of the founding of Girl Scouts of the U.S.A. , the largest voluntary organization for girls in the world: and, WHEREAS, Girl Scouting is a vital organization for girls, enabling them to develop self-esteem and leadership skills, providing an atmosphere of warm and true friendship: and, WHEREAS, the Girl Scout program not only reflects the enduring values and standards that have been part of the organization since 1912, but also lends itself to the special and unique situation of girls of the 1990's: and, WHEREAS, Girl Scouts of all ages have made important contributions to the life of this, our own home community, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, do hereby proclaim March 8 - 14, 1992, as "GIRL SCOUT WEEK" in the City of Oelray Beach and urge citizens to support the activities and endeavors of Girl Scouts of the U.S.A. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Delray Beach, Florida, to be affixed this 11th day of March, 1992. MAY 0 R THOMAS E. LYNCH SEAL . .. ,j rlHF' CJ5' '3::' _ ~ 0' STHTE FHRt'l 4D726502[1[1 ~ d!eJ~ F'.2 " . , ,h~ ,,,a. A CHARLOTTE G. DURANTE, AGENT '".YlAN" 1) Auto-Life-He.lth-Home and Bu~ine~~ --~ ~..,._---- ..- ----' . - -- -;~._--~--~..-- 2160 W ATLANTIC AVE, SUITE 100 DELRAY BEACH, FL 33445 PHONE (407) 265-0200 Mar-c::h 5, 1992 MAVOR, COMMISSIONERS and MANAGER CITY OF DELRAY BEACH 100 N.W. 1st Aveliue De 11- ay Beach~ FL 33444 Gentlemen: Thus is tc", n~qLles t YC.l.W C CH1S 1 dE' ,- a. t i 0 tI to P 1 ace 0 n y c' U 1- f1 c\\- C 11 1 '~k ,~ -' ~ Commis51on agend~ a presentation to you by a coall t lon e.f C..l.tl.":Uf-t~~ b 1..\ $ 1 ness leadel-s a.nd tennis players on the matter re>qar-d i liq tr-l~ , ~, f ,;, ;...'1.__ ,,-L thE:\ t~lili 1 S CCUI- ts. Th",n~, you f[,r your consideratlon. (jPhrllfOf th@ co. l/; 7!;Jf;h , ,/ /\. (, T:~ ,.< '. ~ te G. Dw-ante 15 ,. - . .- CD Community Redevelopment -a Agency Delray Beach February 13, 1992 Mayor Tom Lynch City Commissioners City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 Dear Mayor Lynch and City Commissioners: The Community Redevelopment Agency (CRA) of Delray Beach, Florida respectfully requests that the City Commission approve the preparation of a feasibility study of the Tennis Center to be conducted by the CRA. The purpose of the study would be to examine the feasibility of maintaining the tennis center in its present location or to develop the site as a mixed use real estate development, necessitating the moving of the City's courts to another location. A. Tennis Center at Civic Center 1. Demand or market analysis of tennis and other support services including food and beverage, sports equipment sales, and other; use outside marketing consultant to examine demand, including focus group analysis. 2. Consider the expansion and redesign of the Center. 3. Consider the re-use of existing Fire Station, possibly as a civic building or Chamber of Commerce facility. 4. Consider the adequacy of parking at City Hall, Community Center and Old School Square to determine the need for additional parking in Block 60 ("Love" apartment block) or other blocks. 5. Consider the "civic window" of West Atlantic, creating a more meaningful stage for City Hall and its civic facilities. 6. Consider the feasibility of a "center court" and role of tournaments. 7. Consider a major pedestrian and open space plan linking the Civic Center, Block 60 and Old School Square. 8. Determine the costs for various scenarios and the sources of revenue. 9. Retain as part of the team a land planning firm experienced in both civic and mixed used development. 1 SE 4th Avenue, Suite 204, De/ray Beach, Florida 33483 (407) 276-8640 ,. " . '. " B. Mixed Use Development 1. Demand market analysis for mixed use space including office, retail and institutional; use market research firm to establish level of demand. 2. Consider several real estate development scenarios and prepare a preliminary land plan, taking into consideration the following: * re-use or demolition of the Fire Station * pedestrian and open space linkage with City Hall and Old School Square * shared parking with mixed use project, City Hall and Old School Square * acquisition of additional land on Tennis Center block * relationship with County Court House 3. Suggest the value of the land based upon one or more development scenarios. 4. Retain an experienced land planner for the mixed use option. We propose to commence the study upon approval by the Commission and return with a completed analysis in 60 days. The study would include at least one "design weekend" in which all interested parties would be able to interface with the consultants for direct input. The procedure is very similar to those employed by the American Institute of Architects' RUDAT design seminars. Thank you for your consideration. We appreciate the opportunity of assisting Delray Beach in achieving a commOn solution to the tennis facility. Sincerely, Kevin Egan, C Christopher J. Brown, Director ., '.d . PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. In V1 f? C:A (~r-- - j , HowsolY 1?7~;~~ Print Name signatur ~ 7--r d~- ~/O.~d: ___ 4.<<='.0/- /': · ~ / < Print Name 19nature r ~le ,,~ ~~t1i e~ g-c7 Print Name Signature . ::t 6 "If. Dr I-/r ]J. II f)) "JJ f} rI E ZY~Pit- fJUvmaJ~v Print Nam Signature . A h V A~f\ US5 f j{uUG Print Name Signature ~t^~ W~~\u~~ ~t ~ print Name Signature , (' ~, S ~.\ \~ ~"\ ~ \\. ~ ~ t:. ~ \"'\ \ ( k Prlnt Name Signature ~. \~ /l~ ~l~tU I> " ." }, St<Jnature Pr1nt N e LjL,t:?,-J V- r _1-/ ,/-<~~ 1JJ,~4 Jrn , I Print Name si nature ,.,. PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. 1-1 ow ~ IL. \ltJ6J$EL ~~ W~ Print Name signature f1ItI(L(;J~ 13 f..-J-c /l-/t- N VtL<YL~ ~k/Y[~ \ Print Name Signature MTh'LC:: c:: AI '/ ') ST~W/f1fT ~~ J--/~d-- Print Name Sig ature - ~ J;/t~tJ- (ru/h allQClr,'~)d pint Name . Sl.gnature ttt l- EtJ r Lo tJ G /JCw/ f. L, w~ Print Name Signature . ~L~4/,.J~ ;;;:j nDrL~N t(~ );J7~ Print Name r Signature I / ' 5v e)#" 11 f. k'g uS (::-1 L J'~ r~ Jl . ~t~ ' _/ -{ . ~u4e . / Prl.nt me Slgn ur Is~bel (J fb-r- clulk{ N Iie/UL Print Name Signature tJ,'~fthe-1t- ff. vJev .~~CR, W~ Prlnt me Sl.gnat e I". PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. C A {CoLi Ale Lv ftLS H si~a~ W~ Print Name -=r e s s } 'e., Forz./a.:1 )' ~~c;L Print Name .'.\ G LC (JJ (? G-[; ~ U pr int Name ./ ,/' / r:Qo~ ~. Qu1\WL- ~ ~,~. Print Name ure ~t~k t:r. Hd\L-t Q~ Print Name r:- tJ (lLJ If J dLAA.~ > ~rK Print me ,,,' PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. he-v. ~ "-~O n I.. 'I ~;J.A-Ah7 Print Name ' kP/<,D1~ i eft / ~s. t4 rlnt Name ~ ('? k.JJ ~ d ~~ C H-It R..L.oITG J A-~ Print Name Signature 1Aa,/( /!/Jk l!~iUt~ Print Name signature prikt~ ./ /,ature , Lei? ~JF~NN~ Print Name ~Rff;J r;(~4<D rint Name HM I~ A-. 'BJtTTL~ ~()~ Prlnt Name Slg; ature ~m~[;d/IO /~ / h Prlnt Name Signature '. PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. '-fo~A~ P vJE/~cSl~/~ Print Name S gnature prrt#t/t eoUOL-{'Jct Ji~Ao (7~ pri Name. ' sigdat re J+ A ~ J.. .D 1"1 V f- /Z. f > ~4 ~&1'1-o/ Print Name si nature fA ) J/ f / Ihn Do t?.w A-n I e -Print Name ~/;~1L (Ore C/ ~- ~~ Print Name J Sig at re fJ1~~/ / nCIt150~ fCr f-(. Th.rhtY/c Prlnt Name Slgnature ;Z '" 11 ." l /' ./) i r ./ "/~'1l (,...' ./ .' / / l I , ~ It\' y" '.'~ " - , .,/" Jr. _,\ ,j ~ :~ rJ ~ h i I~" v-D \ {~: />/~ r! ./ . ~'.. J ,,{r/) Prlnt Name .. ~gnat:ure .". ~t{(iJ.,4s" A.'E;:bh/y' ~ Print Name - signatur 5/fcl Ke/l J . ~ Prlnt Name ,.'. . ,.. ._,-- ~_..._-_._:..------_.._:----_._....,.:..._~_.. - ~_'."""""" c.__~_"".__...,~. PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. /~ .---. '/ ? // l // L />~, , 1',/ I ~ ' . , j //~, ~ ........ j ,~ /-I.--I'! /' 1/ "",/ ',/ "v/(_-",,----,. ~'-' " Print Name /Signature . i -) SC.A,frU{~ I '-- ,I)" ~t,({t(' I' +t' ; ~l ',Ce;1Q/t't .,)(1 (f ("z'!.n PrJ.nt Name Signature I!:r/~-e (z/C-\ () 0(/ (-e r J:J;~(-d~ Print Name EL K. c ./, c;rAW ffit J ~(k;' Print Name Signatu Print Name Signature Print Name Signature Print Name Signature Print Name signature Print Name Signature . PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. S /'-'IV'/(UC ~' Print Name Signature / r'~~...J /~ /' _ Print Name .Signature priL f~~O M'~d Aik 5f\~~ H--' ~ARNl3S S"'-~ ~~~ ~ Print Name Signature &/V/Y/e r..:cL& ~~ ~ Print Name si nature )0/,15 /;6,cF/1/1t1/Il/ ~ ~d_ Print Name Signature /lele n <5 C;r ra V\ .JiIu(/1Z~ Print Name Signature Nicol e... 1-1. 130uR <i}Je. ~tl- (() (i; ~ lfK Print Name Signature . I':'3ricl V,o-tro.f'\ol ~ IY ~~ Print Name Signature . PETITION THE CITY COMMISSION OF DELRAY BEACH HAJ:!~J?~r~~ THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WIT k' Ue~ Y ELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. !Q~- ~ QI1fkl--Ll ---- NOe- I Jgnature pint Name So ?Ffl t/P~ ~a-1J?~ Print Name nature :;./l u CD " Vlj(u ((() 5- /,'/'/ /1 " 'Vi t 1/" C). ~- :I' Lh!~<".----- Print Name Sl.gnature 1: :-, J1 ( (", IV -( Print Name c.. -" ~,p~ .' / M. Pi pfE"i FrEI<. /' .J Print Name Signature ./ Nt i ~ 13e.rr1L t ~ Print Name Signature G'~ e,,1 e.t. e II CARSON Print Name Print Name Signature Print Name Signature . ,JII.____..~_, ~_ _..._ ._._._._--~~__~._..__..__._"____~__~_.____.___._.._ -----....-.-.---..-,-... , PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. ./' /r'-~ --./ // ".. ,/ ,,/ I /,",/ . I / -/ />". L .' /-?\ ~. , . /".4: ,- /; V".- ' ; J, ,-<., < , ,/ . ..!..- ' ,/ I~../ L- Print Name signature -, j \ ' \ ( j/.. y'-~- (j' ' ......... I/~ . /, __ _. - Xr ", '\ . - 1/ ,)/ ' {r ((! (7 ~ ' t /( (<../) I 'f-t ,__Jl\L{/I(j ./H, ----,--/U J>1{{/t:-...:-;, Print Name Signature jlj:/~~ IJ/c-J)Il{/ (-e c: .(!~~cj)/--Ln- Pr~nt Name S~g ature Wtl (\ f}/1{ A" Ji Ctc5,M/ ~ ~( , < Pr~nt Name S~gnature ~llAtr3~. ,&\-e\A~~ r~nt Nam . ?"1'<i'.e,~A ~"SQ60\ ~~ ~1 Print Name Signature ' ~innfifl S')~t/l' ~4~ Print Name ::fZf;, L, R #~ ~ pt{HJGLL Print Name .. JL__,.._._..l_~,_._.....__._._._._____.__.___..__...______ ___.,...._______.~..__.______. ,-.--.-..-. ._-,- --...- , PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. /r ~/ , --/ /// / '/'" / ( - , / / G ///~ / " f I /~/>~1./ / . /..:- ,I' -.l..l ' .: ./ VL_---/L/ Print Name (Siqnature i ,5f!,Q/1C2AA.. 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PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNI S CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. r I 1 . ~ ~~~/(~ ", (I / 'J ,';i ;!-.:,., I / / /' Print Name fSJ.cjnature ,;/rre/fOn /) (-- ( .J-' ~WQ.A"l 'xUCL(1,' 1 ~{c6;, Print Name Signature /~fr"-e !Z/C-~ () O{/ (e r ~<.~/~ Prlnt Name Sig ature fl(J/dA . 1? ell ~'~ Print Name Signature -- JVItJ\f c'i MR02""-/1'-l9 k j ~(~~ r6l~\AW~ Print Name Signatur cJ KD VJ erN tl1ltb?. INS f.....-..~...- PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. --- Q \\S.L ~'50-.-\se '" ~ Print Name Le-wl-" L ~~;{. ~ '-jf1~ Prlnt ame - Print Name Signature HoU{V~ f(; t'ct Print Name Signature Fc--R P- I/ .r- t/~ pri!nt Name re ~ f/EL-.J~ L~~d Print Name Signature ~J(ce 7 /(PrhCi ( S lnt Name( J '. PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. -, ,~ ~ J:J / 'lei fr-.<4" I j I ' Print Name sk,ron ~Cif't.-h' sIlw~ ~ Print Name Signature yj:(r-e fl/C-~ () af/ (e r p~ 41~ Print Name Sig ature C rg[ ute ~clv.vtz ..~~j~ Print Name Signature CJ)1 ~~ ~ \J b.~~clt Print Name 'Dv~J V QnzaJ t Print Name S't8V'C: S c hWOt~n Print Name GI1 13A) ) t:: L ,:~>Jai -. -t {-, J3E'Tr y G k i~~ <.L/t Signat#- Print Name S!lr ~(fl In ~ 12/rG. ~ \. . /y~ Print Name , - - __.._.._.... ....~.__._..,_,~..._,,~~~m.-,,~.....';,...~;.. ;,......, .'_ ~..._..'_",....._-___-""";.~_-.._ _..: ~"'<'>' ~:; """",::'_ .,:....o:..v......,.... ~., ~.....,,:.._'...,.....~,..""...g.o_ PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD Tr~T THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. ~ --~ \\\1\ ~~\ ~e \~ ~~~\(~ , Print Name Signa ure . . I ...... (k 50\flifVlJJ./ ~ @~:~e\- ~I+~*Q~~ _~ .,' I ~~/' , 1<6 [)!3cAj//U.I (,' < Q~~/t rlnt Name . Slgnature ~e;.R.~ t4VT2--lER~ Prlnt Name _11 ~~\ 't, ~ '1\ t, ~ -eo RS ~, pr9t~ ~ tJ~ C- J~~ signature )~~~ rn /,-( )~ )~. )~/ Print Name Signature Print Name =-r SJ..gnature Print Name .------ -- Signature - --- ./' PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. --- rP~{j~e) -.J.", tIS D /l Print Name / signature t __A .,,,~ \ " ,--, . ...J,'" " --'" ,/'11, 'J""" /\ " ., t' ! r I I Print N~me . sign~ture- TImmY Wev.-tl;etifooN ~ V~~ Pr~nt Name ~gna re 7/t-~rY/ ~ ,~ ~~--If~ Print N e signature ;du eJ! ehf]:57dfl~~",- ~~~iiiYh~ Print Name/ V Signature - Print Name Signature Print Name Signature Print Name Signature Print Name signature PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. pr;:~ 1< EY S S~~ 0/ \rY1 I1-(2.. 'I 1< t Y S 111 ~ K~,1 Print Name Signature \ ~ E M ,./., ~",/ /e!' , ;~. ./: /, . ,.- ,/' - -' / .<" . ' , , r: '" . ' , " . /,} ,. .;' I . . tf / ~ L;, , t j kf "'>_~ '/u"L.d,/{c. Pr~nt Name S~gnature ( / ,/, . - /"~ /'J" j/~/I , :~~ / ,.<~. "~'~l t ~ / / ..~ .i/. Print Name< l. '-~". ' ,- Signatur .' /' ' r 60bb V j . E4.d~, J f?1th /.... /-.rJr~ pr ~~t Nami' ) igna ~/ e ./ ,U , --- ({ 1 ~. : , { I /, '., ,f: (( I . -t~ LA) (Ai) ck~ s~ nature I I Gfp1:-{ll"L /. : 1_1"'1'2 Lil<<li :koii~/j/ Pr~nt Name ~ S~gnat e ~ - J;3b-'LfacL ~U{'-S '?t, /U '+ t;r ,-J~ A ~J ScJ '\ pr nt Name S~gn ure \ PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. rJ~ k llleel1 r; ~~ - Print Name A# i-/l)~WJ~Nk ~ ~CJla~~ Print Name ' si nature a9::.. y r ~ >- -rV'rF~ {!. ~ ~r-V prin ame Signatur 1.J 0 N /]/11 fJe-/l) /j e If:- (1)_ dunh- ( Print Name Signature c '1 if(-'1 U,/:k..,r /J ( ~ r( r:tnt Name C ~~\\\\~~ Print Name S ~J ~ '1 M L-fe .eJ-, C.~ S - Vv- LF<,""~ Print Name s~:n~ture ~ 0. (~zvo s~~h Pr:tnt Name If{ t/ /j \.J 1-{" ,L IE/N ~/~ Print Name Signature '. " PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. SohN 'LVlet- ~:;~ Print Name Signature' fILii . ,0 (f t:. t . V Ai r V I?, 7" ~ -" / . T },j ..' I ~ 'i . Print ame Signatu~e ". , . /') ,.q Ii. /\ I ~ A.I ("'1'.. ..' '.' f / ,i J" f '-~- V " , V \ r /' It, /1, , i i . \ ,; /! /l Print Nan<e ~L,~L'/ S~~ ~~;L Print Name gnature ' I "....... Ykt\L \v'\\ll\ql\-.~ ~~~<(._~::~r.-,_' ~ Print Name - Signature O ( --..-...,,", " , , ~ -_.?' , " \ '.~ '-~ ~__~. i '...... ).~ i ~ Signature ., hA/ J1e- 't;--f6 Print Name . I ...' ',^'-.;.c ;''''~'7'' ,. '.~.' "", \ .'" --. '" [.711".:> l.... ,/; F'~" l" ",' ~ .",_\ ct .." _' t" I f ( \ '.: . " ;,,., ~ >,', <" o(.j;-. "" '-""'" .... ' "j" II; '~"". ,e" ~ 1I"f ~'.' ,.Ji.. ~ Print Name Signature 1 _~~H~ e~~ prin ame Signature " PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. ~ krs/J- (korL --F~ urInE Name , Si!atur~ '~ (~ . i ! I)t.JOA ~ \ 1~ ' Print Name Si~ ture a. ~t )2,(/ a 'ut. S ,/.tat;; d!~...-./ Pr1.n ame I / sf ature / p1ZAJ~ ~0 Pint ame -1IOLC0.~c~oit Print Na: e ~ G /i ']0 HJ . (JOiJm!tJVI J R- Print Name J)NN Jl ~/o~ L (2i~ Print Name Signature. ('~ Cior!t1 '~I/Q!J'f Print Name dAn> ~~AV?Fld .~~ '~....~..' . ~ Pr1.nt Name S1. ature . ./ / /// f' ~~".---""'''':'","-'._-'''''' " PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. (;;..I4Nk /-IA-t fJ U;.je~ r ? J?~--/~ Print Name Signature J&S{/~ 3,/;b~(/afr? ~~P~~7~'---- Print Name Signature ''\ ~L~~cL~\U \ \\ ~~'4 \f\- \l~ \R \ S \, Print Name Signature 1?0~ D I q'[<v-'- S , 2, L)~y~-- Print' Name (Signature - A:f)1Jt '~~>ON -H- .vt .+t, ;-\ " 1) '," .-" ..-'. ~-irL<\~~' OVt:~ '- 1"'\ ":;':? .'',;) Print Name Signature l. {So (J 1-1 Elf f-E r( j (,) /: ~ 'Y...;-":~_",4-~ . _.' ";"~...,,, Print Name Signature 73+11- ~ 4(2. fr Sm I r-H /d~~~-~ Print Name Signature -:;/fftJ1c S- 7:- Sht /71f Print Name \~o\nQr\ n~'~"0 \d \. ~ ~\~ ~""c-\." Print Name nature . , ".. -~.., ..- .. ,. PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. 4C<//C/1C L L !6(('r ~ /~/~ Print Name Signature ~'4/~E r( 7J fE vJ h SJJS ~4UF/~ iqnature rint Name I K; c.. \.. 0. ,-,( ~ ff~~ fqjA 1 Ck t--K ^ p;1~N;,el2dJ IJ S~gnature ~/1 ~~~ l/JI/w SAN" e'fS Pr~nt Name Signature - ~~~--'"_/~ ~~z...a L V ~I I. L e .:s-oAl~s - ~AULl~ ~ Print Name S~ ature ~~ hM N/le /3, ~AI~.s s~~ g.~ Print Name ' ~; II' 1/ !J!~ j) ~{j) fluhA / -f~t/ Pr~nt Name Signature 4/~~ '} t t /1/ () (' fr rA () fVl8;5- ~ h0 Print Name ~g ature '. PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. 4/<-9~J "- i3 ~Y'ft.. S ~7 0'-' ;J. cr ~ Pr~nt Name Signature 11 e /It }) cA. Mo. e, t+B-Ad,Y JJ i:Jt;-- 011afL t/:.~ Print Name Signature ' MoVJeSh~ r /I tJ -t-t e ~ /J11~ Cl t~ Print Name Signature ~ tr ~ ~llk-:2f\r Print Name '/J!c;/-IAt:( 5) ClfIJ/!./k5 ~UL/ Pr~nt Name S~gnature k.os e 11;;: B~ !Zu~!2~ Print Name S~gnature Ue1o<uh W. Castel/ow ~~~ Print Name gnature lJJancW. GadsDn J~ )J~ Print Name Signature ~ I /-I/J)- ~fie( . )tJun/(;e.l Print Name " PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. ~U cA,\\~\1. C (j\ \ " j\C"" 0-A.- /'1- ,0L/l/L/VtC t&l~vJ Print Name - signaturJj ;1//ltJH/ t-'U E 'J T/ tf'"'}Z .> ~~ --- ~/ Prlnt Name - signature ~4iJ, dltlJeJ{t//z- r/<z<< Print Name Signature .05 ---J I /fC/fL.q( Print Name ~ ~f1 OY+ec~ pri t Name ~'ml U~ Signature .!; ,ft./> ItJ f/ f -rr;-tJ ~ Jly~ Print Name Signature /Y), S-I4Ch~~w ~, /~~ Print Name Signature . Rrc H~.e.(':) 2-(;1//v4 EI?;V ~~~~ Print Name signature , PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. ~J~AM 0:,.2 d -/I; . ~~/23 rin Name Signature EtJl~l1e /(YC~SKr s~~ (2,~ prin Name VOf/JJ C. I(EeN ~C /~ Print Name st!nature ~c)rVtVf AAJ<- ~~3~ Print Name ~OtJ~1 J{. ,.- ~.~ (:. /II",J { 5 I.. E.. Print Name "Signature I//'IM 1..-73uruR- ~oI~~. Print Name si nature ~e.i3eGc.A \-l '~eSTetiZ- ~~- /-Is ~ Pint Name Sl.gnature - I<. -r )j u.,f cr ..5 . rtZd d/~ /run 61- Print Name Sl.g ur /7 ~ ~ ~. (L :' Q p:rUnt Nam ilhl 4 Sig ature Of 1-" PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. ~~'1~m~ \\&Q~'AN =t:~ Q~~ -=E~~~~ M,?~KD ~~~r ft. ,7/)~)1) ~(}na (J We / Is t11/J /f.tr~ W~M# P ~nt Name Signature VI Vt: E/V I .r: 7:>(( ~ AI Z E"I< Si::::~~ pri /4~ . R~/Il~.Y &2-'~"'~~~-LCZ-/ .@ Jt.. ,. ., /) 1 ;;h.lo"'J,.5"'? & ~ &.oJ '2. 7 Print Name Signature (1jlrn! Se./1~ ~~i Print Name . Signature ~ c. vj 'cK Sign~ E: r/J . JCJft,) Print Name -~Q~ ~~, ~ Signature J.: Name ., .'. PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. JO"J ~li1-JP.IC,t ""i'P- Print Nam si ature 1:e.br~ A. Mc.~ \"\ Print Name S pffL/~~!{f)h~Jy Sig?!:::?:~Ld/ kffTH <(Ifr"-tll- SEf() .; ~ .~ Print Name Signatur ~~~T Q.. \.<~ NNJ,T~Y ~~~~~. -> Print Na , Signature L-~ r /vVYCAr~ ~ ~ ~ '--"'_ Print Name Signature 7 ~GL-\.~l\~ ~\~'\\ Print Name 1 nature J::o~ A [,j) f? .It R So~ Y~,.J ,} r cvv-~ Print Name Signature f~;L.(fl.MPr'-\j"" L rn ~.).~L;.~ Print Name \ Efignat r ., ,. PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. ~O\' n l'Y' ':-kess+ ~ ~~ N~ Prl.nt Name S' nature :JA~e-.J p.~e1) -:rp ~p. Print Name I /)~J CLE VELAAlD Print Name Sl.gnature ~,'? ~vs1:\'~ ~~i Print Name si ature (J.11 j/)f}jJ1qU',~ J cf 1.) /) _ ~r.--;YJ.Aj Print Name Signature ~.'~ ~'IL ~ ~ JLal/l~ JOhn-rol-J P l.nt N e Sl.gnatu e /2JoIAtUJ W1{~ M~ Print Name Signature J e.a.J\ die... /!./4 h)~ ~ a:. Print Name s~ature JeV\,,; Pev kIF--\- r;J<:- ~. ~ !~J".d Print Name s'gnaturtf PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. &h:S c C I'Of-c Si~ c:- 4 CIJNl/JlrE.5;e~~s ~a~~~7 ~ Print Name Signature' PMt(S If) , JlJ~~y ~~, prin Name 19nature I ~()p'f)-;r_ M IfU V r1nt Name /IlfrtJC'f .s~,eAG~S. if~ A 1?-?;y- Pr1nt Name S natur ' '~'AfYJ ~Pf?tlGJ,S ~\~S;~ ~ ~ Print Name Signature l pr~!~rL ]), N. Moo~ /!fliJ/llil6O'rL {R!i:JJac;! UoOrL- ~~ moo K_ i C4J/'Q ~r'Hie tf~ ~ Print Name Signature r PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. ~~ Signature /lJAL CdCJP4:.. tPr int Name "-..< e~1!1j1 Coof>~ U--..:('C(2",,- .---:? ,.,""'0<1' ,.,' /"" <...-.J Print Name RDr>err r ! J ('xJr-:'''1 ~I LL \::yt , Print Name p;~n\ ,\~.r;" '( ~, ~r6(~ ~G..~ Signature C-If: R A-L- 0 I fII C Ie l tf. t J ~ Jr/ ~~ ~v- J' Print Name- /signature ---- /Ef(If/( 1(0 R)/Y( 1f,NJ{ f Print Name '. PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. tiF/I<P,1 /J A. /J1J~ff) ~ra~_~ rl.nt Name ". gnature --' }dAti l,'v J:VS s-top r nt Name prr1!~:: F ;-[14 LL I , 6;;77- R. f:(V~1/; Print Name {/ fir I/o ftI '/ LI-}t!cGl1 Print Name I pkm/-f~-rey ~ M I II.:: ature ~LUM .~~ Sl.gnature '. PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST A TIC AVENUE. ~:l. MeVt,~ wtmob Signature p!itl~e ~U1 jJ;j/ - J ;f;;~ D.I(,7CIl'~ ;;. Print Name ?AUI.. FONTA''''~ pif~ Pr1nt Name S1gnature 1I/J(,dEiTE- fONTI'rjMF- 1.~~ Print Name Si na ure l?i~~~~ C \Q~v \~~ SignatureP /',..'....../ /-,/I-.'~ {1'~./.I/'II'.'!"I! I:, .". .r:::-,LH"'.--- v'I'" ,,/ . HI ~' . . . . '-" / Print Name Sig~ ,;: 7 A~ [Joc"c,- /-/(~-~~,- Print Name Signature '. PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. k~v IN W 'D IV'VL(L Print Name S7'/)) n/fr&-zL- Print Name 4r/L- ~JktFl.-1 - Pr1.nt Name lerw( -r VIVIA,.) ~ t~Uv Pr1.nt Name l.gna e Pc/ell 6- /'11/,///}/lIlO V~A. ~4.J~ Print Name Signature iinrlt':L V DordllLY) dJ 'Pr1.nt Name L p r; ;( .e.u-rYlCJ 1--L r1.nt Name 1>~22:k--'t:~~~ :c, 5 Prlnt Name I' 1_' PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. ED FOS7cR- Sii4ek Print Name \\0(\ 1>fi.,\4Mai\ Print Name -ldH t2IJU/iJ5 ~~ J Print Name Signature ~Jfe.- Wv; oAA j(~ Sig]ture Print Name e:,cSSE- . ~ L~rvTJ11 ~ Pr t Name ~j, -21<- ~ 1 ~.!~ PrInt Name J{)G ( VALEA/7/NC> Si~~ Print Name Pri121ff:~ I LUbll S ;:Q~~ , Signature ~-I) J'4M'JYY)4jMJ ~wt M-- Print Name Signature ., PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. W\ (AJi4: l/viJtl0J Print Name mca.o..C ~ ~~ f Print Name Signature -- i f3~~ 41Yc1f5 s~~~ Print me / !1tJf(g,I1NN /f1/6S ~~~ Print ame at e r;;~()J<G- F ~ ,Jt;f-JY p:-B' ~0~1 Print Name CitLVE RT 1)OOMA-N' {~D~~ Print Name ~~i~~am/Vk N~\l1 :.RMJb~ Dt~wJ Print Name .. ' , PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNI S CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. ~11,\~ T' ~l(JiJ l~ea~~ft0 Prl.nt Name Signature tlllGfa /e.,/sfn ~r ~A~ ~uo P'rl.nt Name Si nature Ii! J ~_CZ 13 It /-('e/~ /{ I I c --e J~AkC::~ Print Name Signature ffohfllf (;. f (IVC- {2JIN-~ t:~ Frint Name S1gno a ~ XYoY-C /~ ?J~ ?Z-~ Pt'int Name Signature -$~ ~ :40Blt\ O-t u1i~ Print Name Signature ~~ ;:r~~ f. . F~/,J .''"- Print Name ~ (j~~i 'J ~ LiJ <\A- X 0\ b '" S '\ Print Name , iU.'H ~. e!~~/ ' 1 c/ Ja A/ ~ J< V Prl.nt Name / Signature '. PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. ~IWIJ- 7dJEI-' Pr n ame ~{ ?~L!hoV5 )~ ~nt Name / () . ( I <; ,? e 7' ,,~!;i~-, Pr~nt Name '-s5J h n fI 'I ~rr1~~t7?} Print Name'" C ~f. r/f ~ S # /J // Signa~dr Print Name ~~?F~ CoA. r2t2-- ~::> -~ Signature ! L tL~-/ C~, 4/fJ'~ t{;/41(/ (' e Pr~nt Name ~ignature b\AN(.,.bA-(t..,J~ \ \ -be-V' htL.ld.X ~~/ JJb.-~4X Print Name Signature fL or /J IS I? !3 J,~ /1 !( j- f}] /J I 0 '/ Print 'Name " ,. PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. '- '1\ d\ a. IL1D'\1 <; '( Print Name g-rj},A/ iJo vP.. Print Name i3~ 1-/ it Iv1 bCI /7 j/) HI Print Name ~ ~n,n r' t N~me I ~~ ,~oJQ4:f~ / ~l\ lJ\.. \ 9 ~ vO Prlnt Name Signature '.) 4~~42~ signature Print Name 3La~ f~,,- ( Q'-~ c ~fl d~/ R~_ Print Name Signature ~J)ytllJ 't 1) F /Jr 1-1 e:- y ~,*~ Print Name ./ Slgnature V b^v\O k. N c)L~~lo Print Name Signa '. .. PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. t/rLI// U (;5// jJ' cl-; ~L fl-~ C~fl-- Print Name I Signature ~~ 1\ if ~ ~~\()h ~~ pint Name nature Gu rz. G-E BecK /~/d/c/ Print Name ~ignature - {S{...f'1~1>-- L S ~ ...-t~ ~;;:e~ ~;tt print'Name JO^d f;?j ~C7/j Print Name JQ~~ Gr! /~J / Print Name / ature ~"'-O ( A c:;. c= -fl- t ^- (. I ,\ ~c:. ~ . int Name Sign ture - f{\ (\ \ A~..\ 4\ fV' vv--. '=- ~ h"-,, A 0J -p1- e ~~ Print Name Signature - (QJ \~-(C~~-f 4// 4' Print Name signat e '. 10~ S PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. ~all1e.s W/ltq m ~ ~ rint Name l.gnature Itlit...iJ~€.p EG-/lrf 'nz~~ Print ame Signature ;1/; (Ie (~Alr / /2~ ~ 0J t~. Print Name Signature v0Nlr~~J 8 F'fthey ~cl1d>~_ Prl.nt Name Sl.gn ure ~ /\ (~ L--=:::--" ! ' . ,rfb;P1 So.? ( .J >i( ~~. .~ <'0 r nt Name Sl.g at e /- I C L 4 f' J..., S',; L.( L (/<. .~y ~~ Print Name Signature N ^ ~~ (\ ~ ~\C\ ~ Prl.nt ame .~./ th-7~ - Print Name Signature l/~~ 'ZuJ,-l~ ~~/g;.-[/~ Print Name S gnature '. ,. PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. .A:/ e I '/Y' J <J1/; 1~~~ 'nT;~ Signature c:~ J2-' ~ Q:5 r>!}f( d J~Jj(f(~~ 15;rv~k)~. Sl.gnature Va.~IJLiI TY\U~~ V. rV\ GC~d Print Name ignature ~ ciZ4~ a1f~ l.gnature -- . ~ f(-tLe/{ JV) ,,kLo ~({d iJ JtL~ J71./rr 0~ Print Name signature 7'JJ~ 7~fi 7; ~~/2-;f1- ~int Name signature ~\r\~~~~ .\; t ~ 1\~ ~ C C) ~~ ~\\ \ ~~~ture f'\ n r1 b ' C . d ,--It lUA u, c3(eu-- Print Name Jr CK LC-C- -~~ ~ pri t Name Sl.gnature '. c~ PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. ,J;t'\-n Ru...,v ~o'1 .",. 'l-/l... c",\y Print Name ~.3~ J)o~ee..D J),e 8~~/ - rds@'C +. 1-r:::.77 Print Name Lb tC.-:kI H+ /;-A~~ J,L ~-i1B/- Print Name 7' 7 Signature '7"</ .;;;J~ ----v<- ~ prl~ 't ~7 Sign~ ~ ifr-/ tCA ~ J:a-t]Lc e . ~~ 9 -2:.-2,~ ~6'r\/ (~ ~~(\~ Print Name Signature ?Z7;Jt; J-rf-, j) e./ r a t; /l fQcL.. ~ ~c7">t- Print Name --- 'gnature ~ " It.. Clt S' Co \4 ...J Ie.c.J -;} y ,:;:~ It If,! ~h 'II , .ro t:( q~ i? l...,~ t< Ii ,:. ~ ,1) 1""' I!l..l./ A ~ ~ p~lnt Name ~ Signature /r[ 4v'jy : /0/ . 07 A'.J3 / fj- 07) tv(vk ~C'. Cw Print Name signatu e '/j/f)//' 1C ~ LQj ( JI _,,~ &/,JJ ,,^'11''IJ~ We. ~ Print Name' Signature .. Q ~?_/ PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. C A~o L O~o..~ cj 5 S-o N w 3.-.,( 111V-e... ~ Print Nc;re signature (!ara/ AfiMJfl?W:J ~ ff~ lJuJ 37ffi.4J<.- ]J~ M:t .J ~~~ Print Name J ~gnature tl'{.v4 ({ ~;r 04,q A,')c..4J j t--., ..s. uJ. g 4 v e. ,:) ~ lJ, tLtL.1A;I- IJ WlA LA\ ~ .J.} Pt::am'PtlL~DT17J Si#~ ~ ;<{v'fr ~~~ W7 Print Na~ Signature J5~.et:J~ ~ bd'r7'- J - Print Name ign ure ~ Mtltryl!l1ne f?: f'ry /1 h / /5 ..r- J> Scvfh Pr'. ~:fU/l~jO~J~/lz/ ~r ~ rt't N aJft . uJ Signature dqJ~v~d ~~ tJ I, .~ . r:iI Pr1nt Name 1:4 S1gnatur ~ )0 ~ '72J <- signature ~~~~ ~. ~~~:,,~\-o~, ~ Print Name Signature '- \~ \i) S S- S" ~ L.:~ ~c.. a4- () ~ .. I '. C 'L/ PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. 1-/.2 J>tJ )~ ~ JdiJV ;;. /(t-tI 'l Print Name ~ / ~/:L ~;,.J .,fr/ / !:1~~::e M / /&; / Signature I He/e-tJ" Surnmelfs ~vf~ ..2 2 / ~ t.J oLlJcI ~ Print Name Signature ON}J t: 8o..N AJeJ N ~C:,A:/J)/ ~/t::J3/./( s~Jj~ Print Name ~.'i!. ~ ~n~tu~ {\S"' "'.~. JOa:D. ~. :fJd:- Print Name A/~ lVoIvt/. 2Sf 33Cf~~ {~4 rft. f/~r-v,e Ti Of) Ui.. . ~~ P~~~7 ~ ~. J)~ Bd.., ft. Signature ~~h p~#am?' CUk si atur CCt.fl<) ~ ~ =1. (iujf(e ~ ~,r--~~'-- :Ll'1-.J"' tJ ~ k Print Name Print Name rt U/(?OW~ gna ure V/Afft f2- J{ 1'3/c,p~. . '. .. (~2 PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. '-~a k ~ p':C' =- ~~ Pr nt NametJ ~ ~ Signature /S-I42..... Q 531./YS-- ;Ji ~ :I&.b-e - \~b~ pri t Name ~ CA Signature - t1Cf6 ~ W ~ . {}oIr- S & a/J/LJ Print Name ~)y ~~ St:L A~ fi;:erl AcIJ ~ ~ ~v'2..J2A .J Print Name Signature J. V; J~OI/l Q.1:> ~. ~[g~ Print Name ~ ~\n~,,~~ D y- Si9~!~ ( ~ Print Name I-f. MOll -5 ; P'15 ~ j /' q 330 !Jj,W,Sihl1vlfleJr1. ~ Print ;"a7y,,1 . ,/fr -(1- f) K Signature ~OS-W}-r'flJ!.f-Sr(JOf'/ V4. ~& ---------- Print Name Signature -~. t ( . {! { Q 19 qt(-tA ;JilJ t/e Print Name ' . ( r---:- (M L-tO u ( E <(l ?1 Dc. ~L0 00]) -:YR- __ J)~Q~ " PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. IJ /Y)oS Lfr)! 'i;~/le)i ~.~ CrrJ- ' Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature ., (2 --Z_ PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNI S CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. SeASQ AJ .J1vis ~u&.-- ~ ll50 Nw I (yH/ PL Print Name Signature "I / ~~ % .1 .{ S-t- ~~4 ~~r-~3~ fl Print ~Name Signature ~ -< 'J 'Z (t,.(.... J ~ T h Ik.e... ~4 v:r~ ';)(j h WWf ;:;- ct.. }Vj{..; ~ (" Print Name ~~J\J:DA-.v fv\ (LA.e.i4 ~ L:~~ CSPtt\-'JA- Av_ p~e<ilJo/~ ~4 U ~ '5 WJ5-d:h-/J(/~ Print Name ci~ S na u e . ~ .J.--. inalj ltho ~ lJ.ltc/ 11-n (l/lt . Y!J#{fl~cf)~ Print Name ~.., s. 06~.l O~ t-;/~tt4U~ Ifv~ 1-1 a l.a..J-c 7!€.. f/qX ,()fJ..vt1f,/ Print Name ~ Signature ~/S~ 04K#/ll /) D. /!;: ~~,L / J, (r;-UL}/lcL I Print Name ~4V~ 9cS-S(:: - ~NCE L~~ (ff:f'JY~/1~ Print Name Sl.g ature '. - " , . PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. . Gvt.(Ly L.~ ~'\ ~ f.. V(fL c,O Pr~nt Name Signature T er(rzC''1 AJ cA L ~'h~ Print Name Sig t e , "A/~~ ----- /3015 (;-f7::" ~ Print Name Signatur~ 4kftat<</~ ~~ '\Lo~ Print Name if? Ii)./ Q ~/ S-r ~- eflP?~( R~1{c ~rint Name ) A 7 NO f/--n;pJt( r~nt Name Jlj2LOO\( ~U IlX5;.f--~ Print Name ~~L() 7)/rtm$ Pr~nt ame KJo~81J ~A1JI~ Print Name " '" . PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. :I", 'H - flY! #- I.i) ~ t/LJ Print Name Signature ~~f 5'T1-l N S/lrC75 Print Name Signature ~Ii{ l Ii., f2a(J:LVC, t( ~;'~~d1 Print Name S1g ature Jt2 ye.(! S1eeIL ~{!p(] &-ub. ; r Print Name S' na ure 0'111' J Ooot( OJ bJ ~ Print Name -Sig . ,W Po w e- ~ ~' ? ~ (VI ~ 1/ v /(,(' P )~ Vc~ Print Name si ture / 'R Ie H w A (,Ed i~/L7L'-E ;R~~~~./Y1" ~ Print Name S1gnature fJ V ~ )1/1 ~;V j 0 J-/ A.J ,S Cl Y .~-- s~at:;e)c Print Name '. . PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, 'WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. &"e 1JA'uTI>>~ ~ ;tJ~!'~ Print Name signature,?/ h,flv FLP>'HOoD ~-;:;~. Prlntt' Name Slgna e ~ ~ ',~--- \ :l. (1 A ~ a .r- ~ Li~ ift.A-R. ... Print Name gnature /Y(lftt!~ ScJS#AJ ..s q;iGV ~l~~.,..J ~ Prlnt ame 19na e \.' /P'1cf II Jfrr~rY4-r(P / J Print Name ( ~e E &'rIm . ~~Q r ~~~ rlnt ame Slgnature ~V hh~ Print Name ~pl{; lff?tJ 5EfJAQ c"L<.A/t47 ~,~ Print Name Signature f tav(;~ h ,4, r~f\/r;}1 (/?W~ d dL Print Na Signat~e '. ,. PETITION THE CITY COMMISSION OF DELRAY BEACH HAS GONE ON RECORD THAT THEY WISH TO HAVE A NEW TENNIS FACILITY WITHIN THE CITY OF DELRAY BEACH, THEREFORE, WE THE UNDERSIGNED CITIZENS, TENNIS PLAYERS AND BUSINESS OWNERS HEREBY PETITION THE DELRAY BEACH CITY COMMISSION TO BUILD A MAJOR TENNIS CENTER AT THE PRESENT LOCATION ON WEST ATLANTIC AVENUE. ~'S ~ ' . CL~ K <:: \ ( \1\, . t ) Prl.n Name Sl.gnature ' ~ ~I'~I ~/) signatu e - ~ b ~h I~L(;, G,Ck fD/;Jn n. a Lizrn Prl.nt N e signature I Ff2AAJ l~ Ii U(EfCA ~~( ~ ~UAA../ t~ Print Name Sign ture ..- '-j'oEL ~R Print Name \ \ ~II ~3dr D- , J) ( \ f)-!f\\, . &x-J Prl.nt Name CC~(cL\'lr\ 'J, (-\-CJ 0 ~. G;x.Q I! ') /- C ~ . -r--r-CCZ' /' ,Y '< -'~ -JJ. ' _J - .- Print Name Signatu j ) - i?fIt hI#' 11. I _ J LX GA)(~L-/S H ~L /!-~{. <.~. -> ' ~/. (,." ._ 1.- Prl.nt Name Signature ~0l ~~~ 6LLM ~ rl.nt Name' Signature .. .. . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS CITY MANAGER~~./ / FROM: SUBJECT: AGENDA ITEM i e A - MEETING OF MARCH 11. 1992 RENEWAL OF CONTINUING AGREEMENT WITH ERNST AND YOUNG DATE: March 6, 1992 This item is before you to renew the continuing agreement with Ernst and Young for a three year period ending September 30, 1994 for financial auditing services. Staff has negotiated a fee agreement with Ernst and Young. The proposed fees for the fiscal years ending September 30, 1992 and 1993 reflect an 8.15% decrease from our current fees. The proposed fees for the fiscal year ending September 30, 1994 reflect a decrease of 1.63% from our current fees. A detailed summation is enclosed as backup material for this item. Funding is available from various departmental accounts based upon the requirement for auditing services. Recommend approval of the renewal of the continuing agreement with Ernst and Young for a three year period ending September 30, 1994 for financial auditing services. PuilufL frn C~ ~ /Il;).~ ~ '1101 ( Jlf}/JE$WS Ot'SSE/l77179 ) '. " " . Agenda Item No. : AGENDA REQUEST Da te: 03-04-92 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 03-11-92 Description of agenda item (who, what, where, how much): Approval of three-year renewal contract for auditing services with Ernst and Young for the fiscal years ending September 30, 1992, 1993 and 1994. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Director of Finance recommends approval. _./~ ~; '~ ----~- / '" -~",. Department Head Signature: ) I :--~~--=~ \ Determination of Consistency withc6mprehensive Plan: " " n/a / City Attorney Review/ Recommendation (if applicable): n/a Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved. for agenda: ~~/ NO 11'-/1 Hold Unt.ll: _7 . Agenda Coordinator Review: Received: Action: Approved/Disapproved .. ",I " . M E M 0 RAN DUM TO: David T. Harden City Manager FROM: Joseph M. Safford Director of FinaTIce- SUBJECT: Renewal of Three-Year Auditing Services Agreement with Ernst and Young DATE: March 4, 1992 Ernst and Young has presented us with a renewal agreement for auditing services to be conducted by their firm for the fiscal years ending September 30, 1992 , 1993 and 1994. As you can see from the figures shown, the proposed fees for the fiscal years ending September 30, 1992 and 1993 reflect an 8.15% decrease from our current fees. The proposed fees for the fiscal year ending September 30, 1994 reflect a decrease of 1.63% from our current fees. We have appreciated the professional expertise, expedient service and dedication of the Ernst and Young team. The reduced fees reflect the efforts of the Finance Department, in concert with Ernst and Young, to consolidate funds and to be better prepared for the annual audit process. We look forward to a continuing relationship with the personnel on this audit staff. I recommend that the City Commission approve the terms and conditions as outlined in the renewal agreement. I have included two copies of the renewal agreement for signature, if the agreement meets with Commission approval. /sam Attachments '. !lJ ERNST & YOUNG . Certified Public Accountants . Phol1l'. -l,)- boo Ho,'I,) Phillip, POint. Weq TO\\<'r F,l\ . -lO~ 11 10 4ot" SUite 1200 777 S. Flagler Dme We't Palm Beach. Florida ll-lOl February 21, 1992 Mr. David T. Harden City Manager City of Delray Beach loo N.W. 1st Avenue Delray Beach, Florida 33444 Dear Dave: Pursuant to our conversation, I am providing the following information relative to our services and fees provided to the City of Delray Beach, and our experience serving governmental clients. History of Quality Service We have been the auditors for the City since 1982 and currently provide auditing and insurance actuarial services under agreed-upon engagement letters. From time to time, we have assisted the City in other areas such as bond issue consents and comfort letters. Our services have always been responsive and of the highest quality, and our fees have consistently been reasonable. I believe that your staff will confirm our performance and dedication to bring value to the City. Our Comprehensive Service Approach As the City's business advisors, we provide ongoing counsel during the year to your staff regarding accounting, financial reporting and operational related matters. These services include answering accounting questions, providing assistance on financial reporting, discussing new Governmental Accounting Standards Board's pronouncements, providing information regarding income taxes and their effect on City employees, discussing internal controls, discussing the ramifications of establishing new funds as well as counseling in other areas. These services are provided at no additional cost as part of our commitment to provide comprehensive service to the City of Delray Beach. Our Focus -- Efficient, Effective Service We use the most advanced auditing procedures available, including computer auditing and statistical sampling techniques, which have allowed us to continuously improve the efficiency of our audit effort. This has allowed us to keep fees at a minimum while helping you in dealing with the constraints of today's economy. Since September 30, 1988, our fees have increased less than 4% per year. The significance of this achievement " ill ERNST & YOUNG Page 2 Mr. David T. Harden February 21, 1992 is further pronounced, since during that same period the general fund expenditures rose 45%, enterprise fund and pension fund assets increased over 50%, and you expanded our audit scope by including the Community Redevelopment Agency as a component unit and by receiving additional federal grants. This achievement is further complemented because the cost of our business has continued to increase. We have been able to keep fees constant, in spite of the changes that have occurred because of our knowledge of City operations, our continuous commitment to find efficiencies in our audit of City operations, our extensive knowledge and experience with governmental entities, and the continued support of your internal staff. In addition, our agreed upon fees for 1991 were reduced by $1,200 due to the added efficiency of having us perform the City's insurance actuarial valuation. Adding Value by Continuing Our Relationship You are embarking on an ongoing ambitious program, focused on improving effectiveness of City functions and challenging expenditures for the greatest cost efficiency. Achieving these goals requires the complete attention of your management group and keen assistance from your auditors and business advisors. As you evaluate the cost of our services, we would like to encourage you to consider, as well, the time and cost of a formal proposal process and the time and expense of potentially deciding to integrate a new professional services firm. Engaging in a proposal process will, of necessity, divert time from other important functions and will be costly for both the City and its staff and our firm. Representatives from firms will interview management and staff, scrutinize records, make inquiries about your systems and records, and make oral and written presentations, all of which will require time for you, your management, and your selection committee. This can be quite disruptive and time consuming. Additionally, if another firm is selected, the start-up costs in terms of time that will be incurred by the City's staff will be significant; the City's staff will have to assist the new auditors understand the systems, policies and procedures and developing necessary documentation of systems and permanent files. The audit efficiencies realized over the past several years of our relationship will be diminished with new auditors having to learn your systems and issues. Even if proposing firms were to offer somewhat lower fees, the additional dollar cost and opportunity cost to the City will be more than offset. Our Commitment to the Public Sector Ernst & Young is the premier firm serving the public sector in Florida. We are the only "Big 6" accounting firm in Florida with an organized state-wide Public Sector Group. Sixteen senior management professionals comprise this Group whose objectives are to '. gg ERNST & YOUNG Page 3 Mr. David T. Harden February 21, 1992 coordinate technical issues, provide continuing education for our government staff and to promote uniform quality and efficient service to our Florida public sector clients. The firm currently serves 28 cities, 4 counties and 32 special districts and authorities in the State of Florida. As evidenced by this significant client base, we are committed to local governments. Throughout the state we have more than seventeen management level professionals dedicated to providing audit and consulting services to state and local governments. We have attached to this letter a list of some of our Public Sector clients and a sample of services provided by our professionals to Florida governmental entities. Our Continued Commitment to Cost Effective Service Since a formal proposal process will be costly and disruptive to both of our organizations, to avoid this situation we offer to reduce our current General Fund fees by $5,000 for September 30, 1992 and 1993 and $1,000 for September 30, 1994. See attached engagement letter retlecting fees for the year ended September 30, 1991 and proposed schedule for the following three years. The only exception to this would be if your operations change requiring a significant change in the scope of our work. For example, if funds are closed or consolidated our scope may be reduced thus reducing our fee, while additional funds would increase our scope. As always, we will provide the ongoing counsel mentioned above at no cost to you. The City of Delray Beach has always been an important client of our Firm, and I am particularly proud to serve you personally. We pledge our continuous commitment to hard work, excellence in service and dedication to providing the City with the very best in value-added professional service. Please do not hesitate to call me with any questions you may have. Weare here to serve you and are eager to continue our relationship. Sincerely, /' ." vii { j}prrdJ ~ :it Paul C. Bremer Managing Partner PCB:le Attachments " Ernst & Young Public Sector Clients and Services Clients that we provide auditing and consulting services to include: City of Boynton Beach City of Lake Worth City of Palm Beach Gardens Village of Palm Springs Town of Gulf Stream Town of Jupiter Island Palm Beach County Health Palm Beach County Health Public Health Trust of Care District Facilities Authority Dade County Rorida Department of West Coast Water Private Industry the Lottery Supply Authority Council Orlando Utilities Rorida Municipal Power V olusia County Authority Agency Lake County City of Ormond Beach City of Holly Hill City of Port Orange City of Maitland City of Orange City City of Winter Haven City of Daytona Beach City of Kissimmee City of Altamonte Springs City of Winter Park Some examples of services we have provided to Rorida governmental entities include: Palm Beach County School Board City of Boynton Beach Management review of data processing Insurance actuarial services Manatee County Town of Jupiter Island Development of strategic information systems plan Pension actuarial services City of Jacksonville Beach State of Rorida, Department of the Lottery Select software package for financial system and Strategic and operational plans utility billing Palm Beach County City of Homestead Strategic plan for black business development Acquisition of software and hardware for information City of Boca Raton system Strategic realignment/management study for City of Lakeland the Public Utilities Department Assistance with utility billing system Monroe County Orange County Department of Public Utilities Analysis of EMS system Operational review and management audit Pinellas County Seminole County Financial analysis of cost of providing first Procedures study of the Customer Service responder EMS system of County Utility Metro-Date Transit Agency Indian River County Development of performance baseline and Comprehensive cost of service and rate strategic management plan structure study Osceola County, Clerk of the Circuit Court Broward County Strategic realignment study for the Clerk ive-year financial plan for the County's water and wastewater study " i!J ERNST & YOUNG . Certified Public Accountants . Phont'. -W- l))) M ,I I[) Phillip' POint. \\eq Tmwr F,,\: -Hl:- t))) L)')(')) SUite ] 200 77- 5 Flagler Dfl\e \\e't Palm Beach. FlOrid,] ll-lO] February 21, 1992 Mr. David T. Harden City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Dave: This letter is to confirm the nature and extent of our services to the City of Delray Beach, Florida for the year ending September 30. 1992 through 1994. We will audit the general purpose financial statements of the City of Delray Beach. Florida for the fiscal year ending September 30, 1992 through 1994. Our audit will be in accordance with generally accepted auditing standards. and will include such tests of the accounting records and such other auditing procedures as we consider necessary to render an opinion on the fairness of your general purpose financial statements. We do not contemplate a detailed audit of all transactions or expect that we will necessarily discover fraud. should any exist. We will. however, inform you of any findings that appear unusual or abnormal. Our fees for the aforementioned audit will be based on discounted hourly rates and will be billed monthly as the work progresses. We estimate the total charges will not exceed the amounts for various funds as outlined in the following schedule (for comparison purposes actual fees paid for 1991 are included): September 30. 1991 1992 1993 1994 General Fund (including general fixed assets and general long-term debt group of accounts) $ 22,425 $ 17,425 $ 17,425 $ 21,425 Water and Sewer Fund 18,925 18.925 18.925 18.925 Community Redevelopment Agency Fund 2.500 2,500 2.500 2,500 Law Enforcement Trust Fund 250 250 250 250 Developers Land Contribution Fund 250 250 250 250 Community Development Fund 250 250 250 250 Beautification Fund 250 250 250 250 " . . ill ERNST & YOUNG Page 2 Mr. David T. Harden, City Manager February 21, 1992 September 30, 1991 1992 1993 1994 General Debt Service 500 500 500 500 1987 Utilities Tax Fund 500 500 500 500 Capital Improvements Fund 250 250 250 250 Beach Restoration Fund 250 250 250 250 Decade of Excellence Bond Fund 500 500 500 500 Utilities Tax Construction Fund 500 500 500 500 Auburn Trace Project Fund 750 750 750 750 Delray Beach Municipal Golf Course 1,000 1,000 1,000 1,000 City Marina Fund 250 250 250 250 Sanitation Fund 250 250 250 250 Cemetery Fund 500 500 500 500 Stormwater Utility Fund 250 250 250 250 Insurance Fund 3,200 3,200 3,200 3,200 Central Garage Fund 500 500 500 500 General Employees Pension 3,300 3,300 3,300 3,300 Police and Fire Fighters Retirement 3,300 3,300 3,300 3,300 Special Projects Fund 250 250 250 250 Cemetery Perpetual Care 250 250 250 250 Deferred Compensation Fund 250 250 250 250 $ 61.400 $ 56.400 $ 56.400 $ 60.400 Compliance with the Single Audit Act $ 11,500 $ 11,500 $ 11,500 $ 11 ,500 Compliance with the Rules of the Auditor General 4,000 4,000 4,000 4,000 Actuarial Valuation for General Liability and determination of subsequent year contributions 7,000 7,500 8,000 8,000 However, it should be recognized that these fees are contingent upon the ability of your staff to provide us the necessary assistance. We anticipate beginning our field work by the end of November, at which time we will anticipate, consistent with prior years, that all funds have been closed out, and all workpapers prepared. In the event that we are unable to receive the required assistance from your staff, we will discuss the situation and the additional costs with you before proceeding. In addition, if any new funds are added " . , i!/ ERNST & YOUNG Page 3 Mr. David T. Harden, City Manager February 21, 1992 or deleted during the year, we will discuss the fee or savings for such funds prior to beginning our field work. As in prior years, we will continue to provide, at no charge, tax and accounting advice on routine matters of concern to the City such as the record-keeping requirements and tax treatment for City vehicles provided to employees, payroll tax advice and other similar type assistance. Any other accounting and consulting services as may be requested from time to time will be provided at discounted hourly rates. We will provide you with an estimate of our fees for a particular service at the time it is requested. If the foregoing meets with your approval, please sign the enclosed copy of this letter and return it to us for our files. Very truly yours, . il! h{: Ita I} IV} vPaul C. Bremer Managing Partner PCB:le Enclosures APPROVED By: Date: " . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS om;! FROM: CITY MANAGERtrv( SUBJECT: AGENDA ITEM i ~~ - MEETING OF MARCH 11. 1992 SUPPLEMENTAL INTERLOCAL AGREEMENT/NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT DATE: March 6, 1992 This item is before you to approve a supplemental interlocal agreement with the North Palm Beach County Waste Control District for Part II of the National Pollutant Discharge Elimination System (NPDES) Municipal Permit Application. In accordance with the Clean Water Act municipalities and private industries must apply for NPDES permits. The permitting process consists of filing a two part application. The first part of the application must be submitted by May 18 I 1992. The second part of the application is due on May 17, 1993. The Part I application appears to be moving along within the specified time schedule and budget. It appears that City staff has saved between $15,000 and $20,000 by preparing information in-house as opposed to having a consultant prepare it. The estimate for Part II application is approximately $37,000. The Part II application must contain the following information: -demonstration of legal authority to control discharges (ordinances) -source identification for major outfalls -discharge characterization -five year monitoring plan -a proposed management plan The Stormwater Utility Fund has $34,250 budgeted for this program in FY 1991-92. If the full $37,000 is necessary, the additional $2,750 will be budgeted in FY 1992-93. Recommend approval of a supplemental interlocal agreement with the North Palm Beach County Waste Control District for Part II of the National Pollutant Discharge Elimination System (NPDES) Municipal Permit Application. .. '<.'1 .. . . Agenda Item No.: AGENDA REOUEST Request to be placed on: Date: February 26, 1992 ~ Regular Agenda ____Special Agenda ____Workshop Agenda ,y"fl When: M<lrchL 1992 Description of agenda item (who, what, where, how much)____ Environmental Services Department request approval of a supplemental Interlocal Aqree- ment with Northern Palm Beach County Water Control District for Part II of the National Pollutant Discharge Elimination System (NPDES) Municipal Permit Application. Part II is from May 18, 1992 to May 17, 1993. Conservative costs have been determined to be $ 37,000. Funding is available in the Stormw!'!ter Utility Fund 448-5411-538-33.19. f'R::r~ 'U-'IQ ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO / Recommendation: Staff recommends approval. RJJ \ Department Head Signature: 1/J1J&~o,.,..,~ ~z;~(?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: ~NO Funding alternatives (if applicable) Account No. & Description11-1-,-S4I1-.s~.~1.>-lq tTtHa~p; Svc. Account Balance~/~J2"[.o I City Manager Review: Approved for agenda: ~~NO trr/l Hold Until: ~", Agenda Coordinator Review: , Received: Action: Approved/Disapproved .. I"l " . q l..- (p(o j) . . . . [ITY DF DElHAY BEA[H -',~: (/\~ :,'. ;', -: . -: \ ;.. :r i:.\t\ CE ~~ 92 fEB 25 ~"\\'?3 hi i .- (... CITY ATTORNEY'S OFFICE ~ ..-.~.. ;" _.;.~ 200 NW Ist AVENUE . DELRAY~BEACH,'fl..ORIDA 33444 FACSIMILE 407/278-4755 l WrJ.-eer ".~ DJ.reCl-e LJ.ne (407) 243-7090 MEMORANDUM Date: February 25, 1992 To: Rob Taylor, Deputy Director of Environmental Serf From: David N. Tolces, Assistant City Attor~ Subject: Supplement to Interlocal Agreement for NPDES Application I reviewed the Supplemental Interlocal Agreement for Part II of the Environmental Protection Agency NPDES Permit Application. There are no additions or deletions that I wish to make. According to Section 5.02(b), the City is obligated under the agreement to participate in Part 2 of the NPDES application process. The supplement simply outlines the City's obligations in Part 2 of the application process. Please call if you need any other information. DNT: sh cc: Jeff Kurtz, City Attorney David Harden, City Manager NPDES.dnt ., .. . '" . .~ ~ ./.' . ,I' '" / f-J ./, \ ' 1 ) -' ,V DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: DAVID T. HARDEN CITY MANAGER FROM: ROB TAYLOR, P.E. ?61 CITY ENGINEER DATE: JANUARY 23, 1992 SUBJECT: NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITTING PROGRAM APPLICATION STATUS On January 21, 1992 a meeting of all the co-applicants for the Palm Beach County NPDES permit was held. The co-applicants includes 37 municipalities, 5 drainage districts, Palm Beach County, and the Florida Department of Transportation. The purpose of the meeting was .to review the status of the Part I application and to prepare for the upcoming Part II application. The material distributed at the meeting is attached for your information. I am currently acting as secretary on the 6 person steering committee for the group application, so I am constantly involved in and kept appraised of the status of the program. The Part I application appears to be moving along within the specified time schedule and budget. In reviewing the Part I costs for the co-applicants it is apparent that City staff has saved $ 15,000 - $ 20,000 (compareq to neighboring, similarly sized municipalities) by prepar ing a great deal of the information in-house as opposed to having a consultant prepare the material. The lead applicant's consultant has prepared a budget reflecting worst case scenario costs for Part II. The lead applicant's consultant along with the steering committee will be researching possibilities for reducing these costs. Based on the worst case scenario, the city of Delray Beach's cost for Part II (May 18, 1992~May 17, 1993) would be $ 37,000. The stormwater utility Fund has $ 34,250 budgeted for this program in FY 1991-1992. If the full $ 37,000 is necessary, the additional $ 2,750 could be budgeted for FY 1992-1993 (since Part II g~es through May 1993). Also, a scope of services and budget have been prepared by the consultant for possible ongoing water quality monitoring. This is a very preliminary estimate and should be considered only 'to the degree that ongoing monitoring may be d condition of our 5 year permit with EPA. It is very likely that these costs would be considerably lower even if 5 year monitoring was required. . ~ . . David T. Harden, City Manager January 23, 1992 Page Two Also, the enclosed material contains a draft interlocal agreement for Part II of the application process. A copy has been forwarded to the City Attorney for review and comments. The agreement should be considered by the city Commission sometime in March so that an executed agreement may be transmitted to the lead applicant prior to the commencement of Part II. If you have any questions or require any additional information regarding this program please call me at extension 7337. RT:kt r RTDH9166.KT cc: William H. Greenwood, Director of Environmental Services Ralph E. Hayden, City Engineer File: 91-66 (D) .. " " 13 .,-; 91- (p to '~. LAW OF'F'ICES CALDWELL 8;,,~AJ?~}rF.]\, ~J:R\J\CE:) MANLEY P. CALDWELL, .JR. 324 ROYAL PA'LM WAY OF COUNSEL KENNETH W. EDWARDS PALM BEACH, FLORIDA ~ij2 fn 4~ \ <3 ARTHUR E. BARROW CHARLES F. SCHOECH MADISON F. PACETTI MARY M. VIATOR TELEPHONE (407) 655-0620 .~. I . ;,::' D BETSY S. BURDEN ~ .... ~", PLEASE REPLY TO B. ALLEN HEEKE. .JR. TELECOPIER (407) 655<,:377.5 P,O. BOX cans PALM BEACH. FL 33480-277s January 31, 1992 Mr. David Harden CITY OF DELRAY BEACH 100 N.W. 1st Avenue Delray Beach, FL 33444-2698 Re: Supplemental Interlocal Agreement for Part II of the Environ- mental Protection Agency NPDES Permit Application Dear Mr. Harden: I'm writing on behalf of my client, Northern Palm Beach County Water Control District, which is the LEAD APPLICANT pursuant to the Interlocal Agreement that was previously reached between my client and your governmental entity, for preparation of the Environmental Protection Agency NPDES Permit Application. If you were in attendance at the general meeting of all NPDES Permit CO-APPLICANTS that was held on January 2l, 1992, you are aware that it was determined that pursuant to Section 5.02(b) of the aforementioned existing Interlocal Agreement, that a new Supplemental Interlocal Agreement be prepared and forwarded to all CO-APPLICANTS, in order to: ( 1) finalize the allocation of duties and responsibilities between the LEAD APPLICANT and each CO-APPLICANT as to preparation of Part II of the NPDES Permit Application, and (2) determine the amount of money that will be required to be paid by each CO-APPLICANT to the LEAD APPLICANT for the LEAD APPLICANT'S carrying out the duties and responsibil- ities that it will assume in preparation of Part II of the NPDES Permit Application. Therefore, based upon the above, I am enclosing, herewith, two (2) duplicate originals of a proposed Supplemental Interlocal Agreement which I believe complies with the directions that I received at the aforementioned general meeting. whi Ie you should certainly review the entire document, I wish to direct your attention to certain matters that are contained in Paragraph 2.02 of the enclosed Supplemental Interlocal Agreement, namely: l. As this Section iudicates, affixed to your Supplemental Interlocal Agreement is an Exhibit "B" which sets forth the allocation of duties and responsibilities between your govern- mental entity as CO-APPLICANT and Northern as the LEAD APPLICANT, ,. I..' ~' . ." as well as the amount of money that will be required to be paid by your governmental entity to the LEAD APPLICANT for the services that it will be required to perform in order to prepare your portion of the NPDES Permit Application. 2. This Section also specifies a fixed amount of money that your governmental entity will be required to pay to the LEAD APPLICANT. 3. This Section also states that if you sign this Agree- ment, your governmental entity will be required to pay the agreed upon amount of money, regardless of whether or not your govern- mental entity should subsequently decide to terminate the Supple- mental Interlocal Agreement. The reason for this requirement is that certain contractual agreements have to be entered into between the LEAD APPLICANT and other consulting professionals in order to accomplish preparation of Part II of the NPDES Permit Application and, once the contracts have been signed, the LEAD APPLICANT cannot reduce the amounts required to be paid to said consulting professionals. Finally, due to the deadlines that are being imposed by the Federal Government insofar as submission of Part II of the NPDES Permit Application, it was agreed at the aforementioned general meeting of the CO-APPLICANT'S, that all CO-APPLICANTS should execute and return to me their respective Supplemental Interlocal Agreements on or before March 31, 1992. Naturally, if you should have any questions regarding the above or the enclosures, please feel free to contact me. Very truly yours, Kenneth W. Edwards KWE/mac Enclosures cc: Mr. Rob Taylor CITY OF DELRAY BEACH -2- CALDWELL & PACETTI ,. ,." .... -..- ". .~. SUPPLEMENTAL INTERLOCAL AGREEMENT FOR PART II OF THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT APPLICATION This Agreement shall be effective as of the day of , 1992, and is being entered into by and between NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT, 357 Hiatt Drive, Palm Beach Gardens, FL 33418, (hereinafter referred to as the "LEAD APPLICANT") and CITY OF DELRAY BEACH~ IOO N.W. 1st Avenue, Delray Beach, FL 33444-2698, (hereinafter referred to as the "CO-APPLICANT"). N 1. 1: Ii E .s. .s. E 1: Ii: WHEREAS, the parties to this Agreement, have previously entered into an Interlocal Agreement (said prior Interlocal Agreement being hereinafter referred to as the "Primary Inter- local Agreement") for the preparation and submission of Parts I and II of the application for a National Pollutant Discharge Elimination System Permit; and WHEREAS, the primary Interlocal Agreement contains a provi- sion in Section 5 thereof, that states that until such time as the data required for preparation of Part I of the NPDES Appli- cation has been collected and processed, the parties cannot determine the estimated costs and expenses that will be incurred in carrying out the duties, tasks and responsibilities of the LEAD APPLICANT as same are to be identified in Exhibit "B" to the primary Interlocal Agreement. '. " ,- ~ - .- Therefore, it was agreed that the allocation of responsibilities and the amounts required to be paid by the CO-APPLICANT to the LEAD APPLICANT for the preparation and filing of Part II of the NPDES Permit Application would be determined following further negotiation and finalization of said amounts and duties by a separate written instrument; and WHEREAS, the data required for preparation of Part I of the NPDES Permit Application has now been substantially collected and processed; and WHEREAS, the parties wish to finalize the allocation of duties, tasks, responsibilities and amounts required to be paid to the LEAD APPLICANT for preparation of Part II of the NPDES Permit Application; and WHEREAS, as indicated in the Primary Interlocal Agreement, the parties to this Agreement are authorized, pursuant to Chapter 163, Part I of Florida Statutes, to enter into an Inter- local Agreement. NOW, THEREFORE, in accordance with Chapter 163, Part I, Florida Statutes (1991), the undersigned parties, for and in consideration of the mutual benefits as set forth herein, do hereby enter into this Supplemental Interlocal Agreement and represent, covenant and agree with each other as follows: SECTION ONE REPRESENTATIONS 1.01. The recitals, as set forth hereinabove, are considered true and correct and are incorporated herein by this reference. -2- I '. ,. -.. 1.- " '--." SECTION TWO FUNDING AND ALLOCATION OF DUTIES. TASKS AND RESPONSIBILITIES 2.01. The parties in accordance with Section 5 of the Primary Interlocal Agreement, do hereby agree to the funding provisions and allocations o~ duties, tasks and responsibilities for Part II of the NPDES Permit Application, as same are set forth in Exhibit "B" which is attached hereto and made a part hereof. 2.02. That of the amounts required to be paid by the CO-APPLICANT to the LEAD APPLICANT, as set forth on attached Exhibit "B", the CO-APPLICANT does hereby acknowledge and agree that, if for any reason, the CO-APPLICANT should subsequently decide to terminate either the primary Interlocal Agreement or this Supplemental Interlocal Agreement, said CO-APPLICANT shall still be required to pay to the LEAD APPLICANT the sum of $37,000 since the work required to be carried out for completion of Part II of the NPDES Permit Application is not subject to termination after same has been initiated. 2.03. If, following the receipt of the NPDES permit from the Environmental Protection Agency and after payment of all outstanding statements and invoices incurred in obtaining said permit, there, should remain any surplus monies that were required to be paid by the CO-APPLICANT in accordance with the above section, then in that event said surplus funds shall be returned to the CO-APPLICANT within thirty (30) days following payment of the last statement or invoice for services required to be carried out in accordance with this Agreement. -3- I '. , . -,- "-' SECTION THREE INCORPORATION BY REFERENCE 3.0l. That, except as otherwise superceded or modified by this Supplemental Interlocal Agreement, the terms and conditions of the Primary Interlocal Agreement are incorporated herein and made a part hereof. SECTION FOUR EFFECTIVE DATE 4.0l. The effective date of this Agreement shall be the date that it is last signed by all parties hereto. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year hereinafter written. EXECUTED BY LEAD APPLICANT this day of , 1992. ATTEST: BOARD OF SUPERVISORS, NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT Peter L. Pimentel By: By: Secretary William L. Kerslake, President (SEAL) -4- I '. ,,' .' (. ~.. ," EXECUTED BY CO-APPLICANT this day of , 1992. ATTEST: CITY OF DELRAY BEACH By By: (SEAL) 5379E 1/29/92 -5- I ,. .," . ,. -- -' CITY OF DELRAY BEACH PART 2 OF THE NPDES PERMIT APPLICATION EXHIBIT B DEVELOP MANAGEMENT PROGRAM EST. COST SCOPE RESPONSIBILITIES END OF LEAD ITEM DESCRIPTION LEAD CO-APP DATE SERVICES ------------------------------------------------------------------------------------------- A. Legal 1. Ordinance Preparation Illicit Discharges Control Spills C P 01/01/93 $925 2. Inter-a~ency Agreements 3. Inspectlon/Surveillance/Monitoring Bl. Environmental 1. Wet Weather Discharge (Sampling) Characterization P 10/01/92 $18,963 82. Environmental 1. Pollutant Loads P 01/15/93 $6,012 Planning 2. Monitoring Plan (5-Year) C. Proposed 1. Source Controls/Removals C P 03/01/93 $925 Management 2. Program for Illicit Connections Programs 3. Program for Industrial and Construction Site 4. Staff and Equipment 5. Pollutant Reduction 6. Groundwater Impact 7. Remedial Capital Improvement Plan O. Financial 1. Needs C P 03/15/93 $463 2. Sources of Funds E. Application 1. Liaison Among Participants P 05/15/93 $9,712 2. Coordination with EPA 3. Organize and Collate Information 4. Application a. Maps b. Assemble Reports c. Formatting and Editing d. Final Re10rt e. Submitta TOTAL $37,000 P-Provider is responsible for submittal of requested information and reports on scope items and tasks. If Lead Applicant is the. provider then, Co-Applicants may be required to furnish infor- mational materials to complete the Scope Item. C-Coordinator is responsible for preparing guidance materials for Scope items and tasks. [nancy.2020.npdes]DELRAY-BCH-exhibit b-part2 20-JAN-1992 I I ,. '''1 ., . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~/; J SUBJECT: AGENDA ITEM it ~c.. - MEETING OF MARCH 11. 1992 GRANTING OF RIGHT-OF-WAY DEED AND RESTORATION AGREEMENT DATE: March 6, 1992 This item is before you to grant a right-of-way deed and to approve a restoration agreement (construction deed) to Palm Beach County in conjunction with the Atlantic Avenue road widening project. The right-of-way deed is for a seven ( 7 ) foot wide strip of land currently part of the Municipal Golf Course property, adjacent to Atlantic Avenue and the Lake Worth Drainage District Canal E-4. This property will be used for the construction of a guard rail. The restoration agreement provides for the restoration of sloping or grading work as necessary and ensures that there is ample room for the operation of equipment during the project. Recommend granting of the right-of-way deed and approval of restoration agreement (construction deed) to Palm Beach County in conjunction with the Atlantic Avenue road widening project. '. . " /' [ITY DF DELAAY BEA[H . ,--< - __'J~ eJA 33444 . <-107 ::42- ~O(l'J MEMORANDUM TO: David T. Harden, City Manager FROM: O~obert A. Barcinski, Assistant City Managerl Y'-- Administrative Services SUBJECT: Agenda Item City Commission Meeting March 11, 1992 Request from County - Right-of-way Deed and Construction Easement DATE: March 3, 1992 ACTION: City Commission is requested to approve a Right-of-way Deed with Palm Beach County for a strip of land 7' wide and approximately 52' long, beginning at the E-4 Canal, running west on the northern portion of the golf course. Commission is also requested to approve a restoration agreement (construction easement) with the County for a 2' easement along the entire length of the golf course on Atlantic Avenue. The ROW Deed is needed by the County in order to place the guardrail on the bridge approach when the road is widened. The construction easement is needed to ensure ample room for equipment during the project. The city engineer, the golf course superintendent and I have reviewed field conditions which might be affected. We find no material effect to the golf course and recommend approval. RAB : kwg cc: Ralph Hayden Brahm Dubin T.' E- ,::- Ai_:/JAYS MATTERS DEPARTMENT OF ENVIRONMENTAL SERVICE~~~~~~~~ID1 M E M 0 RAN DUM ADMINISTRATIVE 5ER'JICES TO: ROBERT BARCINSKI ASSISTANT CITY MANAGER/ADMINISTRATIVE SERVICES FROM: RALPH E. HAYDEN, P.E. CITY ENGINEER DATE: FEBRUARY 11, 1992 SUBJECT: REQUEST FROM PALM BEACH COUNTY FOR R/W DEED FOR PROPERTY ON GOLF COURSE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Palm Beach County has requested a 7' wide strip of land on the golf course adjacent to Atlantic Avenue and the Lake Worth Drainage District Canal E-4 for the construction of a guard rail. Please give me your thoughts on this. Enclosed is a copy of the Right-of-Way Warranty Deed and Survey. This request is for the Atlantic Road Widening Project. <:~L Ra{Ph . ayden, P.E. City Engineer RH: kt Encl. cc: Sandee Mills, Adm. Secretary, Environmental Services File: Interoffice Memos: Memos to Robert Barcinski RHBBF11. kt " R'llIln 10: "N .lHfIN: i ~- ! l ThlJ In.strvmtllt Pr.pared by: f UtI,..: Maureen E. Cullen, Acting Co. Attorneyf Palm Beach County J P.O. Box 21229 W. Palm Beach, FL 33416 0-- "ACE AIOVE TN'$ LINE fOO .OOCESS'NO OUA $'ACE AllOY! nus llll! FOIII "EQ)'-'OUIO 00A u. PROJECT #88540 CRD NO: 205 Corporation ROAD W. Atlantic Ave. RIGHT~OF-WAY WARRANTY DEED THIS INDENTURE Made this day of A,O., 19_ between CITY OF DELRAY BEACH a corporation existing under the laws of Fl{)rirl~ and having its principal place of ousiness at 100 Northwes: First Ave., Delray Beach, Fl 33444 hereinafter called the grantor, to PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter called the grantee. WITNESSETH: That the grantor, for and in consideration of the sum of Ten ($10.001 Dollars and other valuable considerations, receiPt whereof is hereby acknowledged, by these presents does grant, bargain, sell alien, remise, release, convey and confirm unto the grari~e, all that cer~aln land situate In Palm Beach County, Florida, to-wit: . PROPERTY MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND t~DE A PART HEREOF - ~ o 0; 'E 1i '" .- o ::: CD .- E >-E .Q 0 ""U e >- Q.~ .. <: .. u ~ ~ u 0 .. <UQ This instr'Jr.-;ent preparerl By: . 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I --(X~u..,.,..,Ct'E 271Z.oftC1 ,;~~?~")-r to.) ~ ~!., ":IC'I(HI C'JllIn.:." 2'1 119 \.. c:: I I~;~" poo tl110"'14 4~')c - - - ..l.:C T lUll llrH':' S.L'"E srC,IB-46-43 .' ,-"l(,.t ,S "., C"'''En \'S"'\:' f4.'. 0" \1 \oJ SEC. lB. o.IG .,1] t.... t\ 12 ..J PREP"nr.o n.t: I ~ H[;TnIC f:IICI11r.r:nIt:r:, ~~Ir.. N 17.'j~'.,'l"W j lDOO rOllr:;T 1I1L[. 1~'....JU:. I: 1.00 ICI e~;~rr~~ DDoCII, Fe '" ,.', I (40?) 964-6))<.1 , J....HES r. HOTH I -- rnOrf.!:.'lIOU^T. f-^J1D !:'~':\':: 110. )071 ' ,)[k\I""S . DATUM 15 '.\SED O~ 11 8?q' not t rOil 'THE: SOUTII ll).:[ or TNt I SQUTHtAST 114 or steTlo:1 l~. TO~SlIl' q, SOUTll. ItHC[ 1.1 [AH. PAlH I[.l.CH ; COUhT'f. rt.O?lOA.. U SIIOUII 0:1 SIlEtt H or Tilt J.tClIT-or.VA.T HAP HeTIC:1 i 'lHO-160\, HATt ~O"'D eo&, ....S IUCO.O[O 1)4 "OJ..D HAT DCa':' , AT PA'[5 U THOUCIl )0 Ot' lite runtC ~[CO~OS or .1....1..11 DlACII COUUH. rLOlID.... ! I , n.1CllT-or.Wf,y ^CQU1~ITfO:1 1',.IlCr.t. 205 · LLG,\l.. OE5CIllf'l'IOII , , ^ ponTIOll or TilE SOUTIlF:^ST l/( or ~rC"'T'JOII 18, Tn\~::~lIJT" .16 SOvTll, nMI;:r. .n p,'- rAlli nF:^CII COUNT\", r1J')nrn^, ,"YIIIC: ^O,I/\C"r.lll' TO ^,l[) ~OUT!lI~IIl.Y nr JIll' 1'.(1--::' r.OUTlII:ur.Y !tICIIT-Of-WAY Llllt: or Wl.~;r ^11..\IIT1C ^VLlllII: (~.1l. flU(,) , /\ll[) 1I1'!I,I; 1'1 .Llll AS 1'0 ~LOWS : DrCW AT All I1ITCRSCCTIOtl or SAID BISTltlC SOUTllrR~Y RICIIT-OF-"^Y ~l11C '.nTII , EXISTItIC WESTERLY RICIIT-Of-w..\y LIla; Of" U}:[ WOI{TII ORAII/AGE O!5THICT (1..\oi D.' CAIIAL [-4, AS REconOED III DEEO DOOK 3211, PM~t: 1241. or Tile r'UOLIC lu:conn:; or i' nF.ACII COUUTY. rr..on[OA; TItUI~[. ~ourll 12'04'12" WI::<;T ^1.01li. ~^10 1:'(!:.T!IIl: ::;(\\1:-:1 HIClrr-Or-WAY Lltlt:, ^ O[~l'MICC or S2,7S n:I:T: 1'I1I:rlCt;; ~OUTII 17'~~'.U" !~,..... O[ST^IICE or 7.00 f[eT; TH[;IlCE: 1I0KTIl 12"001' 12" r^ST. P^RALLCL wITII ^'ll.) 7.00 f SOUTHERLY 0,.. AS MEASUREO AT RIGIlT ...nCU:5. 5.\10 EXISTIHG SOUTIlr.nI.Y nrCllT-OF-.. LUIE:, A DISTAIICE Of 50.56 fEET TO 5,\10 [XISTIHC WESTERLY RJCIIT-Of-W,\Y LlIn;; or : E-4; THEuCt HORTH 00']2'(0" weST ^!.o::c S^IO f.XISTlrIG W[~TI:n.LY HICIIT-Ol'.\i,\( ~.: ^ OISTAUCE Of 7.]4 fEET TO TnE POlflT or OEGII/lIllle. /--- \ "'-,--- COtlTAIIIIIIC 362 SQU~Rr fErT HORr on LESS. ~.- // '7' tinT!" Tille; 1'\ tlor.'\ "':IIIlV''"" I METRIC ENGINEERINQ ./ [.'...... -_ VIEST ATLANTIC AVt.. . ....aIN..". - "....NN.... - .u""'."o". ~ Z DESCH1PTlON SKE1CH :....:~'.... IolUIolI - rOIllT LA-UCCIIIO"'l.( ~ 0 Fon _ .. . ..,(Sf PA-LW OCA-ell - ,......UU. CITY P^I1CC.I.: ?DS ~,'( " r:...,"'r'" ";"~""',T.,l.~r' '/' , VI "";"~",~v., . I ;:":, ..',,' ':".-:;.. ~/.. ../. , .- I ~'. -< t I I rl' ~ ~;~ , ..~ . ',.r,. ,. I ~... ~f , ~ ~ - ! l 1; I , ,. ,- u: rr1 -i _ . .-0 U ! ^ :z crl >'i I "----~" ..,. ~.~ i ~ 0) ~;l ... ~~"1u ,Ie::: C ;; ~ i~ ~. . . iD Z !.... -O)p 1_ \....JlQ"')- ;..L:::.. . ... r- ---~JJ CJ---. ".... LT1 ::?'? Cl 3:: Cl ;Tl - --j :L COC"") LJl , 0 u. u_ ----0----- Cl (Jl 'C"") ,- .. ....... ru r\.J <.n .l>.. - --------------.--- 9::'.2G (RT ) -~Ia. 65- ;. ffi+ 9932,,(LT L_ ;' >- 1873 ,::j )>, } 2:. -'---~--_.. " "1 - ~ ~ ,',!! .z:. -. ......--------. I ~ 1_- DEPARTMENT OF ENVIRONMENTAL SERVICES M E M 0 RAN DUM TO: BOB BARCINSKI ASST. CITY MANAGER/ADMINISTRATIVE SERVo FROM: RALPH E. HAYDEN, P.E. CITY ENGINEER DATE: FEBRUARY 21, 1992 SUBJECT: RESTORATION AGREEMENT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - This is the agreement for construction agreement at the Golf Course adjacent to Atlantic Avenue. '\(?f!at.~~ Ralph E. ayden, P.E. City Engineer REH:kt File: Memos to Bob Barcinski, Asst. City Manager/Adm. Servo Atlantic Avenue RHBB221.KT " ...~... ""....ottIlA """,gllur IV'V , ,-,U-W:t ; 14:44 ; 4076a44123~OeLRAY ENV. SERVlCES:~ . ... RESTORATION AGREEMENT PROJECT NO. 88540 PARCEL NO. Z05 PROPERTY OWNER City of Delray Beach COUNTY ROAD W. Atlantic Ave. THIS INDENTURE, made this day of _ A.D., 19______ by and between the undersigned; CITY OF DEl.RA Y BEACH as owner and the County of Palm'Beach, in the State of Florida. as Permittee, WHEREAS. the construction of this section will use the entire Right of Way widths of ~, Atlantic Avenue and. WHEREAS, in order that abutting,lands of ,the undersigned may c<lnform, tie in a,nd harmonize with, the said construction, it will be necessary to slope or grade a portion of s~id abutting lands of the under~igned. NOW, THEREFORE, WITNESSETH, the undersigned hereby grants unto Palm Beac~ County or Agents for Palm Beach County the license and right to enter upon said abutting land of the undersigned. The permisSion granted above shall not extend beyond a distance of 2 feet from the right of way line of said road. except where construction 1s necessary to re-establish existing driveways. It is understood and agreed by the undersigned and Palm Beach County or Agents for Palm Beach County that sai~ portion where sloping or grading work 1s necessary will be returned to as near the same condition as before. IT IS FURTHER UNDERSTOOD AND AGREED by the undersigned that the right granted herein shall cease upon completion of the contract upon which such construction is performed. (SEAL) (SEAl.) For County of Palm Beach. FLORIDA (SEAl.) f . .. " . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER HV/I SUBJECT: AGENDA ITEM # ? J> - MEETING OF MARCH 11, 1992 CHANGE ORDER NO. 3/REQUEST FOR FINAL PAYMENT - PAVEX, INC. DATE: MARCH 6, 1992 This is a change order in the amount of $1,976.17 for S.W. 4th Avenue and S.W. 10th Street intersection improvements and the Old School Square street reconstruction project (N . E. 1st Avenue, between Atlantic Avenue and N.E. 1st Street). It is the result of final plus/minus adjustments for actual as-built quantities and for the removal of utility pole conflicts. Accompanying Change Order No. 3, is a request for final payment in the amount of $38,619.66. The cost for the entire project, including change orders, is $235,216.44. This amount represents a savings of $10,226.06 over the original contract price of $245,442.50. Recommend approval of Change Order No. 3 in the amount of $1,976.17 and request for final payment in the amount of $38,619.66, for the S. W. 4th Avenue and S. W. 10th Street intersection improvements and Old School Square street reconstruction (N.E. 1st Avenue, between Atlantic Avenue and N.E. 1st Street) with funding from General Construction Fund - Traffic Intersections (Account No. 334-4141-541-60.62) . " ,Hi " . , . I - . Agenda Item No.: AGENDA REQUEST Date: 3/3/92 Request to be placed on:' xx Regular Agenda Special Agenda ~lorkshop Agenda When: 3/11/92 Description of agenda item (who, what, where, how much) : Staff requests City Commission to approve close out Change Order No.3 to Pavex, Inc. in the amount of $1,976.17. Staff also requests approval of final payment in the amount of $38,619.66. This payment represents a $10.226.06 net savings from the original contract amount of $245.442.50. Funding source shall be 334-3141-541-60.62. Proiect No. 91-33 - S.W. 4th Avenue & S.W. 10th Street Siqnalization. ORD~NANCE/ RESOLUTION REQUIRED: \'!GESINO Draft Attached: ~E6/NO Recommendation: Staff recommends City Commission to approve close out Change Order No.3 in the amount of $1.976.17 as well as final payment of $38.619.66 to Pavex, Inc. pertaining to the S.W. 4th Avenue .... & S.W. 10th Street Project No. 91-33. Department Head Signature: /jt)~If{'p~ --~~ ~ /,.3';9 L. .1fIJ# / f 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: 33'1 3/lfl SIf/ '0 '-1-2- ~e^J . CnrlST/W C770N fV - Account Balanc~ 11 i&/8 Lf~ V TtVtFFlc. ~El.Tl f>r-..J City Manager Review: Approved for agenda: @I NO z;;J1 [, .. Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved -PO- :it Sf>2..3S, ~ 1"1' ., .. . CHANGE ORDER No. 3 . Final Date: Project No. 91-33 Project Name: S. W. 4th Avenue and S.W. 10th st. Old School Square (Chanqe Order #1 (91-62) Owner: City of Delray Beach, Florida Contractor: Pavex. Inc. Contract Date: July 25. 1991 To: Pavex Inc.. Contractor You are directed to make the following changes in the subject contract: For S.W. 4th Avenue and S.W. 10th st. and old School (Chanqe Order #1) final plus or minus adjustments for actual as-built quantities. In addition. miscellaneous chanqes were required on both pro;ects for Southern Bell pole conflict. Changes are per Schedule "A" - "B" attached. which changes are more specifically described in the attached amended plans, drawings, and specifications. The reason for the change is as follows: Final plus/minus as-built quantitv changes and miscellaneous utilitv conflict. The con~ract price and contract time shall be adjusted because of such changes as follows: A. Contract Price 1. Contract price prior to this change order: $233.240.27 Page One of Two Pages .. Hi ., . CHANGE ORDER NO. 2 Final 2. Net increase resulting from this change order: $1.976.17 3. Current contract price including this change order: $235.216.44 B. Contract Time 1. Contract time prior to this change order: 60 calendar days 2. Net increase resulting from this change order: 0 calendar days 3. Current contract time including this change order: 60 calendar days City of Delray Beach, Florida, OWNER By: DAVID T. HARDEN, CITY MANAGER Attest: City Clerk City of Delray Beach Approved as to form: City Attorney The above changes are accepted on , 199 . I understand that all the provisions of the Contract Document related to Project No. 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: Pavex Inc., CONTRACTOR By: As to Contractor Title Page One of Two Pages " .." ., . . Project No. 91-33 Schedule "A" SW 4th Ave and SW 10th St Change Order #, ~--------------------------------------------------------------------------------------------- ITEM ITEM DESCRIPTION Contract As-built +/- C.O. UNIT NO Qty Qty #3 Qty PRICE TOTAL -----------------------------------------------------------------------------.---------------- A Plus/Minus As-built Qty Adjustments 1 Relocate fire hydrant 1 1 o ea 1350.00 ch order #2 2 Type C Inlet 6 6 o ea 1150.00 ch order #2 3 Type C Inlet w/P-6 top 1 1 o ea 2200.00 ch order #2 4 Type C Inlet w/P-S top 1 2 0.28 ea 1950.00 550.00 5 Type E Inlet 1 1 o ea 1400.00 ch order #2 6 15" RCP 350 309 o lf 22.00 ch order #2 7 15" RCP Exfiltration Trench 190 188 o lf 39.15 ch order #2 8 Type III Asphalt Overlay 4800 4680 -120 sy 4.90 -588.00 9 New asphalt and Roadway 1000 1289 o sy 24.65 ch order #2 10 Concrete Driveway Connections 1 1 o ls 1700.00 ch order #2 11 Asphalt parking lot 600 600 o sy 24.40 ch order #2 12 Type F curb and gutter 4800 1181 o lf 6.40 ch order #2 13 Flush header curb 50 50 o lf 6.00 ch order #2 14 Sidewalk construction 8750 10690 o sf 2.35 ch order #2 15 6" PVC Conduit 640 0 o lf 5.00 ch order #2 16 Furnish and Install Pull Boxes 3 0 o ea 1790.00 ch order #2 17 Testing Lab allowance 1 0.21 o ls 7500.00 ch order #2 18 Video recording allowance 1 0.15 o ls 5000.00 ch order #2 19 Indemnification 1 1 o ls 10.00 ch order #2 B Extra items required 1 2" Galv pipe for signalization o ls 500.00 ch order #2 2 4" PVC Southern Bell Conduit w/pavement patching o lf 13.75 ch order #2 3 Extra grading req m school o ls 925.00 ch order #2 4 Add'l valves/rework irrig m Pine Grove School o ls 1000.00 ch order #2 5 Conflict Storm MH to avoid gravity Sanitary line o ea 800.00 ch order #2 6 Miscellaneous utility conflicts with new Storm Drainage (crew time) o hrs 286.27 ch order #2 7 10" OIP Storm Drain from C-107 to C-108 o l f 30.00 ch order #2 8 Relocate Chain Link fence out " t... " . . of R/W Q SE corner property o ls 2000.00 ch order #2 9 Additional Bahia Sodding o sy 2.00 ch order #2 10 Additional Floratam Sodding o sy 4.00 ch order #2 11 Additional Asphalt Drive o ls 1100.00 ch order #2 12 Additional misc concrete removal o sf 5.00 ch order #2 13 Asphalt base in lieu of Stab Subgrade and limerock base o sy 2.00 ch order #2 14 Add'l s;gns/barr used waiting for Southern Bell 1 ls 1219.17 1219.17 15 Asphalt patch at Southern Bell pole removal 1 ls 795.00 795.00 --..---...............- Net total add.Schedule "A" 1976.17 ------------ ------------ 'f 1,.1 " . Project No. 91-33 Schedule "B" SW 4th Ave and SW 10th St (Old School Square 91-62) Change order #3 ------------------------------------------------------------ ---------------------------------- ITEM ITEM DESCRIPTION Contract As-built +/- C.O. UNIT NO Qty Qty #3 Qty PRICE TOTAL ---------------------------------------...---------------------------------------------------..--- A Plus/Minus As-built Qty Adjustments 1 Clearing and Grubbing 1 1 o ls 4200.00 0.00 2 Maintenance of Traffic 1 1 o ls 3000.00 0.00 3 Excavation 1 1 o ls 5995.00 0.00 4 1 1/2" Type II Asphalt 3406 2578 o sy 2.70 0.00 5 8 1/2" limerock Base 3406 0 o sy 6.15 0.00 6 12" Stabil ized Subgrade (75# FBV) 3406 0 o sy 4.05 0.00 7 Type "F" Curb 1050 1060 o l f 6.00 0.00 8 4" Sidewalk 4139.35 3278 o sf 1.40 0.00 9 Curb Ramps 3 1 o ea 150.00 0.00 10 Signage 7 7 o ea 160.00 0.00 11 Pavement Markings 1 1 o ls 2200.00 0.00 12 Header Curb 225 176 o lf 6.20 0.00 13 Brick Pavers 990 1104 o sf 3.10 0.00 14 4" PVC Conduit 240 468 o l f 8.00 0.00 B Extra items required 1 12" Limerock Base in lieu of 8 1/2" Limerock Base and 12" Stabilized Subgrade (75# FBV) o sy 9.50 0.00 2 Rework entrance at Furniture Store o ls 3500 0.00 3 Remove Add'l Curb & Gutter Q west side of roadway o ls 500.00 0.00 4 Add'l surveying for layout changes o hrs 66.00 0.00 ---..--.............. Net total deduct Schedule "B" 0.00 ------------ ------------ .. ,..I ., .~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER8M SUBJECT: AGENDA ITEM tI: ?E - MEETING OF MARCH 1I. 1992 CHANGE ORDER NO. 3/REOUEST FOR FINAL PAYMENT-ELKINS CONS- TRUCTORS. INC. DATE: March 6, 1992 This is a change order in the amount of $4,634.85 to the contract with Elkins Constructors, Inc. for the Miller Park Water Storage Tank and Booster Station project. It is the result of additional changes to the project which include installation of pipe supports for the strainer basket, installation of conduit, wire and relocation of transformer for maintenance advantage; repiping of level transmitter piping so that the entire depth of the tank can be recorded and transmitted to the Water Treatment Plant; installation of piped drains for pump basins; and installation of a drain from the building drywell to the stormwater basin. Accompanying this change order is a request for final payment in the amount of $40,842.82. The cost for entire project, including change orders, is $1,815,063.58; this amount represents a savings of $19,949.16 over the original contract price estimate of $1,835,000 for this project. Recommend approval of Change Order No. 3 in the amount of $4,634.85 and request for final payment in the amount of $40,842.82 for Elkins Constructors, Inc. with funding from Water and Sewer - Miller Park Storage Construction (Account No. 441-5181-536-69.02). .. p,. " "0 Agenda Item No.: AGENDA REOUEST Request to be plac~d on: Date: 3/3/92 ~ Regular Agenda ____Special Agenda ____Workshop Agenda When: 3/11 /92 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommend~tion: Staff rei~mm~~df City Cy~missmafo aoorove 7lrt o~t. CJ?anl1p. Order No.3 ln the amount of ,6 . 9 as we as lna payment 0 0, 30. 6 to Elkins Constructors, Inc. pertaining to the Miller Park Water Storage Tank and Booster Station - Project No. 90-09.4. Department Head Signature: /jI/4'~., -.~ 3/f/I'I'z ~ 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: ~/NO Funding alternatives (if applicable) ~ Account No. & Description 'flfl SIR'J S3.b hq o~ ()..J~D - N,L.u:ft. J<.... O/]ho~ccount Balance IJ. 5~ 792-,,6' . S ~F ~?7IAI'--770rJ I~,' Po-!:\:: I ~,:..(;)() . City Manager Review: Approved for agenda: ~NO iL~v1 Hold Until: - , Agenda Coordinator Review: , Received: Action: Approved/Disapproved .. l,J.),. l.I;J' ~,~ 14:':.... '0'1 .J.llt b.J./ l.Ili.:-! PI:lS&,J E~\" SEH [4]Ol.l2 . u~~ CIlANGE ORDER FORM CITY OF DELRAY BEACH MllJ.E:R. PARK WATER STORAGE TANK AND BOOSTER STATION CHANGE ORDER NO. 3 DAlE: March 5, 1992 CONTRACrOR: Elkins Constructors, Inc. OWNER: City of De1ray Beach AGREEI'vIENT DATE: December 5, 1990 :::.::.:i/.....::::..:.J) ::~~:iq~~~,~.~~~:~;lj~~~y;;iij,~ijij.J~:~~.:GQ~gT'::Q~e~$~.O':.::'\<:;..:.-:.:'::-::.: . Original CONTRACr PRICE $ 1~835.000.00 Current CONTRACT PRICE ADJUSTED by previous CHANGE ORDER; $ 1.810.428.73 Net (Increase) (Detteas~) Resulting from this CHANGE ORDER $ 4,634.85 The current CONTRAcr PRICE including this CHANGE ORDER $ L815.Jl63.58 ORIGINAL CONTRACT TIME: Days 365 Current co~cr TIME adjusted by previous CHANGE ORDERS Days 365 Net (Increase) (D~'Tease) Resulting from thlli CHANGE ORDER Days -0- The current CONTRACT TIME including this CHA1~GE ORDER Days 365 CHANGES ORDERED: 1- GENERAJ~ TIlls change order is necessary to a:Jver changes in the work to be performed lUlder this Coutract. TIle GENERAL CONDmONS, SUPPLEMENTARY CONDl'nONS, SPECIFICA'IIONS and all parts of the Project Manoallisted ill Article 1, Definitions, of the GENERAL CONDffiONS apply to and govern aU wmk.under this change order. Distribution 4 copies, City of pell"ay Beach Change Order No :3 2 copies, Elkins Constructors, Ine. 2 copies, PBS&!; Ine. Change Order Form Page 1 of 3 ~ I,." '.. '-' \.- .J.. .,L . _ '~, U..L '"i\.I' V~ I ~.J\J~-i t b ,)(1.;,.1 t..\ \ .' :)t.K 14l (ll,I3 " . . , . j IT. REQUIRED CHANGES . Item 1, pipe supports for strainer basket and conduit, wire and breakers installed for tt;-am.-{ormer. . Item 2, MCC change to Cutler Hammer. . Item 3. repiping level trcmsminer piping. . ' . Item 41 paint inspection aIIowauce credit . Item 51 provide piped drains for pump bases. . Item 6, provide credit for three bollards. . Item 7, pIOvide credit for self contained breathing apparatuses. . Item 8, pruvide credit for deletion of insulation. . Item 9, provide drain from building drywel1 to storm water basin. ill. JUSTIFICATION . Item 1, pipe supports ueeded due to size of strainer baskeL Conduit, wire a.nd breaker for trdllSfunner iost,'.d1ed due to relocation of transfoLmer for maintenance advantage. . Hem 2, odgiual manufacturer specified ultimately could not meet specification. . Item 3, repiping required so that entire depth of tank could be recorded and transmitted to WTP. . Item 4. Credit for paint inspection services not used. . Item 5i provide as requested by City for housekeeping. . Item 6, credit for bolLuds not needed . Item 7. credit for nnits included in contract not desired by City. . Item 8. credit for insulation deletion and not desired by City in control rOOlll. . Item 9. drain required to prevent backup of water into the pump building from the dryweIl which did not dr&in adequately after construction. IV. PAYMENf . Item 1, Exhibit No.5 $ 845.93 · Item 2, 2,546.00 . Item 3~ Exhibit No. 7 1,706.13 . Item 4, fuhtbit No.3 Credit (18821) . Item 5, Exhibit No.8 250.00 . Item 6) ExhI'bit No. 8 Credit (250.00) . Item 7~ Exhibit No.8 Credit (1,200.00) . Item 8; Credit (300.00) . Item 9~ fulubit No.9 1225.00 Total Change Order No.3 $4,634.85 Attachments: Exhibit No. 1, RF'I No. 23 ExhibIt No.7, Elkins letter dated 12fl1f91 Exlnbit No.2, RFI No. 24 Exhibit No.8, Elkins letter dated 1/3/92 &biblt No.3, RFI No. 31 ExhIbit No.9, EIk.ins letter dated 1/17/92 ExhIbit No.4, RFI No. 32 Exhtbit No. 10, PBS&J letter dated 1/17/92 Exht'bit No. 5) EI~ letter dated 9/30/91 Exhibit No. 11, Elkins letter dated 2/12/92 Exhibit No.6, PBS&J letter dated 10/11/91 - -- -- Change Order No 3 Change Order FOIm Page 2 of 3 " ...1 O:}:OS:92 1-l:2i 'B'l .Wi 6-li 1.1624 PBS&,l ENY: SER [4j OO-l . .... ...-1......... . I : The aforementioned change. and work affected thereby. is subject to all provisions of the: original contract not specifically changed by this Change Order; and, _..- It is e:xpressly understood and agreed that the approval of the Change Order shall have no effect on the original contract other than matters expressly provided herein. ~ Change Order Request by: City of Dekay Beach Change(s) Ordeted by: City of Dekay Beach. RECOMMENDED BY: ACCEFTED BY: POST. BUCKlEY. SCHUH & JERNIGAN, INC. ELKlNS CONSTRUCTORS. INC. Engineer Contractor Br;? .e.-d. ~ U..f 3/Yht- By: Signature Date Signature . Date J. Richard V oOl'hees. P.E. Matthew D. Welch Title; Project Manager TItle: Vice President (Corporate Seal) APPROVED BY: CITY OF DELRA Y BEACH Owner By: - Signa~e Date David T.!Harden Title: City M~ager Approved as to Form: By: Change Order No. 3 City Attorney Date Change Order Form Page 3 of 3 " f'" .. . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS 'l / FROM: CITY MANAGER ' fj SUBJECT: AGENDA ITEM # 8" F - MEETING OF MARCH 11, 1992 RATIFICATION OF INDUSTRIAL WASTE AND PRETREATMENT AGREEMENT DATE: MARCH 3, 1992 On February 25, 1992, the South Central Regional Wastewater Treatment and Disposal (SCRWTD) Board passed the revised Industrial Waste and Pretreatment Agreement. The item is now before the Commission for ratification. The revisions to the agreement included changes in definitions and wording clarification consistent with EPA requirements and the interlocal agreement between Delray Beach and Boynton Beach with respect to the Wastewater Treatment Plant. Recommend ratification of the Industrial Waste and Pretreatment Agreement. .. . .. '1. J)A ~~ SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD Telephone ROBERT J, HAGEL 272-7061 734-2577 Eucutive Inrector FIlJ[: (407) 265-2357 February 28, 1992 RECEIVED City of Delray Beach MAR 2 - 1992 Mr. David Hardin City Manager CITY MANAGE" OFFICE 100 N.W. 1st Avenue Delray Beach, Fl 33~~~ RE: Industrial Waste & Pretreatment Agreement Enclosed please find the Industrial Waste & Pretreatment Agreement which was passed by our Board on February 25, 1992. I would appreciate it if you would place this item on your meeting agenda for ratification by your commission. /? /', .' I ~ Sifl~ff?! ;' //'1J/ -~?<7 /c . / '--" ."..;, '. Robert- . agel Executi e ~rector After ratification please contact the Board office at 734-2577. cc: R. Federspiel W. Williams " INDUSTRIAL WASTE AND PRE'I'REA'mENT AGREEMENT THIS INDUSTRIAL WASTE AND PRETREATMENT AGREEMENT is entered into by and between the SOOTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, an entity created by Interlocal Agreement pursuant to Florida Statutes Section 163.01 (hereinafter referred to as POTW), the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, and the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation (both of which are collectively referred to herein as the CITIES). WITNESSETH: WHEREAS, it is a requirement of the POTW to comply with all applicable State and Federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations 40 CFR, Part 4031 and WHEREAS, by the terms of that certain Interlocal Agreement dated December 26, 1974, between the CITIES, the POTW was created and the CITIES became the sole, direct customers of the POTW; and WHEREAS, by the terms of the above referred to Interlocal Agreement, the CITIES, as the sole customers of the POTW, then sell wastewater treatment and disposal services directly to users as well as industrial users; and WHEREAS, in order to comply with the provisions of the above referred to Clean Water Act as well as State and Federal law, the parties hereto are desirous of entering into this Agreement setting forth the terms and conditions upon which the CITIES may discharge wastewater effluent to the POTW's regional treatment facilities and, further, that pursuant to the terms of this Agreement, the CITIES, as a condition to the discharge permit being granted hereby, agree to adopt an industrial waste and pretreatment ordinance with terms, conditions and provisions no less stringent than the terms set forth in this Agreement for the regulation of the issuance and compliance with discharge permits to the CITIES' users and industrial users. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the adequacy of which is hereby acknowledged, the parties hereby agree as follows: 1. Purpose The purpose of this Agreement is to regulate industrial waste pretreatment facilities and discharge of industrial waste into the Publicly Operated Treatment Works (POTW) operated by the South Central Regional Wastewater Treatment and Disposal Board and providing for pollutant limitations, data collection, monitoring, and sampling, and providing for penalties for the violation thereof for the following purposes: 1 FTL.26 ,. (A) To prevent the introduction of pollutants into the CITIES wastewater system which will interfere with the normal operation of the wastewater collection system or the wastewater treatment plant, or which will contaminate the resulting municipal sludge; (B) To prevent the introduction of pollutants into the CITIES wastewater collection system which do not receive adequate treatment by the ~, and which will pass through the system into receiving waters or the atmosphere or otherwise be incompatible with the system; (C) To improve the opportunity to recycle and reclaim wastewater and sludge from the system. 2. Policy And Scope The ~ is responsible for the proper treatment and disposal of all waste that is proper to process through the regional treatment facilities, beginning at the point source. The terms of this Agreement shall be incorporated into an ordinance adopted by the CITIES respectively to regulate their users' discharge of wastewater into the portion of the sewer collector system located within the City of Boynton Beach and/or City of Delray Beach and any other portion controlled or operated therein. The policy is established that the provisions of this Agreement will be enforced to the fullest extent possible under the provisions of Federal Pretreatment Regulations 40 CFR Part 403 and Florida Admdnistrative Code Rules, 17-302, 17-600, 17-604, and 17-610 issued by the Florida Department of Environmental Regulation. The standards set forth are minimum requirements to ensure the general health and welfare of the public. 3. Applicability to All Users The regulations of this Agreement shall apply to all users of the sewer facilities of the city whether inside or outside the city, including all other local governments such as, but not limited to, the Town of Highland Beach, the Town of Gulf Stream and contributions from incorporated or unincorporated agencies of Palm Beach County. Furthennore, all local government users shall be required, within sixty (60) days after enactment of this Agreement and notice thereof, to enact ordinances substantially similar to this Agreement and to apply and enforce the same to all users of their public and sanitary sewer systems. 4. Definitions As used in this Agreement, all definitions shall be applied and interpreted in accordance with 40 CFR 403, as amended. "Act" and "The Act". The Federal Water Pollution Control Act, also known as the-cIean Water Act of 1977, as amended, 33 U.S.C. 1251, et seq. "Authorized Representative of Industrial User". An authorized representative of an industrial user which may be a principal executive 2 FTL.26 '. officer of at least the level of vice-president, if the industrial user is a corporation, a general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively, or a duly authorized representative of the individual designated above, if that representative is responsible for the overall operation of the facilities from which the indirect discharge originates. "Board". The South Center Regional wastewater Treatment and Disposal Board, including, in the appropriate case, the regional treatment facilities, and all its other attendant facilities. "Board (PO'IW)". The Board of Directors of the South Central Regional Wastewater Treatment and Disposal Board. "Building Sewer". Sewer conveying wastewater from the premises of a user to the collection system which transmits wastewater to the POTW. "Categorical Standards". National categorical pretreatment standards or pretreatment standard. "Chemical~en Demand (C.O.D.)". A measurement of the oxygen equivalent of e organic matter content of a sample that is susceptible to oxidation by a strong chemical oxidant using procedures listed in 40 CFR 136. "Ciif" or "Cities". The City of Boynton Beach and/or the City of Delray Beach; a that land and water area included within the boundaries of the "City" in which the Commission proposes to acquire, establish, construct, extend, operate, and maintain sanitary sewerage facilities, except as follows: (1 ) All state and federally owned land and water area located in the city or county, except where the state and federal government consent to the provisions of this Agreement. (2) All land and water area duly franchised by the city or county to,privately owned sewer utility companies for the provisions of sewer service, except where the privately owned sewer utility companies consent to the provisions of this Agreement. "Collection System". The system of public sewers to be operated by the city and connected to the POTW facilities. "Compatible Pollutant". A substance amenable to treatment in the wastewater treatment plant such as biochemical oxygen demand, suspended 3 FTL.26 solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the publicly owned treatment works was designed to treat those pollutants, and in fact, does remove the pollutant to a substantial degree. "co~site Sample". A series of samples taken over a specific 24-hour time pen at intervals not to exceed fifteen (15) minutes in the waste stream which are combined into one sample. Flow proportional sampling is mandated unless circumstances do not permit it, then it shall be time proportional. Samples shall be taken during effluent discharge times only. "Cooling water". The water discharged from any use such as ai r conditioning, cooling, or refrigeration, or to which the only pollutant added is heat. "Direct Discharge". The discharge of treated or untreated wastewater directly to the waters of the state. "Director of Public Utilities, Utilities Director, or Director". This refers to the individual in charge of the Public Utilities Department in either City or his/her specific designee. "Discharge". Means disposal of, deposit, place, emit, unload, release or cause or allow to be disposed of, deposited, placed, emitted, unloaded, or released. "Domestic Wastewater". Wastewater derived principally from dwellings, commercial buildings, institutions, and industry resulting from household or toilet waste resulting from human occupancy. It mayor may not contain ground water, surface water, or stormwater. "Environmental Protection Agen7Y" or "EPA". The U.S. Environmental Protection Agency, or where approprlate the term may also be used as a designation for the Admdnistrator or other duly authorized official of that agency. "Executive Director". The administrative director or his authorized deputy, agent or representative of the South Central Regional Wastewater Treatment and Disposal Board. The Executive Director is the authorized administration authority of the South Central Regional Wastewater Treatment and Disposal Board. "Garbage". The animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods. "Grab Sample". A sample which is taken from a waste steam on a one-time basis with no regard to the flow in the waste stream and without consideration of time. 4 FTL.26 '. "Grantee". Recipient of a federal grant for all or a portion of a treatment works as administered by the Environmental Protection Agency. "Holdinr Tank Waste". Any waste from holding tanks such as vessels, chemical toi ets, campers, trailers, septic tanks, and va~pump tank trucks. "Indirect Discharge". The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act, (33 U.S.C. 1317), into the PO'IW (including holding tank waste discharged into the system). "Industrial or Commercial Waste". The liquid wastes from industrial, commercial, or institutional processes as distinct from domestic or sanitary sewage. "Industrial and Commercial Waste Dischar e Permit". A permit issued to contro e process ows rom In stry, commerce, or institutions that may be discharged into the sani tary sewer system. This permdt is issued in addition to any other types of permdts. When issued, the permdt will define the characteristics and volume of the flow and acceptance or rejection of individual waste components and/or require high strength waste surcharges. "Industrial Cost Recovery". Recovery by a federal grantee from the industrially classified users of a treatment works of the grant amount allocable to the treatment of wastes from those users. "Industrially Classified User". An industrial or commercial user whose liquid wastes are, in part, made up of flows related to industrial processes, as distinct from an industrial or commercial user whose waste flows are primarily domestic or resulting from human occupancy. "Industrial User". A source of indirect discharge and discharge of industrial and commercial waste which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act. (33 U.S.C.1342). "Interference". The inhibition or disruption of the PO'IW treatment processes or operations which contributes to a violation of any requirement of the NPDES permit or reduces the efficiency of the PO'lW. The term also includes prevention of sewage sludge use or disposal by the PO'IW. "Mill~rams Per Liter (mg!l)". The number of units of minor constituents present wi each one million units of the major constituent of a solution of mixture. Milligrams Per Liter" shall be considered equivalent to parts per million. "Monitoring Costs". Those costs incurred by the City in performing monitoring and/or sampling as prescribed by 40 CFR 403. 5 FTL.26 "National Categorical Pretreatment Standard". Any federal requlation containing pollutant discharge limits promulgated by the EPA which applies to a specific cateqory of industrial users. "National pollutant Discharge Elimination System" or "NPDES Permit". A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342). "Natural OUtlet", Any ditch, canal, stream, waterway, lake, river, pond, well, gully, or other water body. "New Source". Any source, the construction of which is commenced after the publication of the proposed Pretreatment Standards under Section 307(c) of the Act) and which conforms to 40 CFR 403(k). "Pass Through". A discharge of a pollutant from the PO'lW when such discharge causes a violation of any requirement of the PO'lW's NPDES permit, or a violation of a State or Federal water quality standard or increases the magnitude or duration of any violation and which is the result of a user's discharge of the pollutant either alone or in conjunction with other user's discharges of the pollutant into the POTW. A user contributes to pass through when the user: (1) Discharges a pollutant concentration or a daily pollutant loading in excess of that allowed by City or permit or by Federal or state law; (2) Discharges wastewater which substantially differs in nature and constituents from the user's normal average discharge; (3) Knows or has reason to know that its discharge, alone or in conjunction with discharges from other users, would result in pass through; or ( 4) Knows or has reason to know that the POTW is, for any reason, violating its final effluent limitations in its NPDES permit and that such user's discharge either alone or in conjunction with discharges from other users, increases the magnitude or duration of the PO'lW's violations. "Person". Any individual, firm, company, association, society, corporation, or group. "!!" Logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. "Pollutant" . Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. 6 FTL.26 '. "Pollution". The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water. "Pretreatment". The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less hanmful state prior to or in lieu of discharging or otherwise introducing those pollutants into a PO'IW. The reduction or alteration can be obtained by physical, chemical, or biological processes, or process changes or by other means, except as prohibited by 40 CFR Section 403.6(d), "Pretreatment Requirements". Any substantive or procedural requirement for treating of a waste prior to inclusion in the POTW. "Pretreatment Standards". National categorical pretreatment standards or alternative discharge limits, whichever is applicable. "Publicly Owned Treatment Works (PO'IW)". In this case, the regional treatment plant operated by the South Central Regional Wastewater Treatment and Disposal Board and the collection sewer system owned and operated separately by the City of Boynton Beach and/or the City of Delray Beach (PO'IW). "Properly Shredded Garbage". The wastes from the preparation, cooking, and dispensing of food that have been shredded to a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than l/2-inch (1.27 centimeters) in any dimension. "Public Sewer". A sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority. "Regional Treatment Facilities". The South Central Regional Wastewater Treatment Plant transmission and disposal facilities as operated by the South Central Regional Wastewater Treatment and Disposal Board. "Re~lacement". Expenditures for obtaining and installing equipment, accessorles or appurtenances which are necessary during the service life of the treatment process facilities to maintain the capacity and performance for which those facilities were designed and constructed. "Sanitary Sewage". The household and toilet wastes resulting from human occupancy . "Sanitary Sewer". A sewer which carries sewage and to which storm, surface, and ground water are not intentionally admitted. "sewa~e" . A combination of the water carried wastes from residences, business iIdings, institutions, and industrial establishments, together with ground, surface, and stormwaters as may be present. 7 FTL.26 "Sewage Works". All facilities for collecting, pumping, treating, and disposing of wastewater including the PO'IW. "Sewer". A pipe or condui t for carrying sewage. "Shall" is mandatory; "May" is permissive. "Significant Industrial User". Any industrial user of the Board Treatment Plant who: has a discharge flow of 25,000 gallons or more per average work day; has a flow greater than 5% of the flow in the city's collection system; has toxic pollutants in excess of limits defined pursuant to section 307 of the act, Florida statutes; or is judged by the POTW, city, state, or U.S. Environmental Protection Agency (!PA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system. "Si~ificant Non-Compliance". Means that violations of this Agreement by a user s ject to pretreatment standards meet one or more-of the following criteria: (1) Chronic Violation: 66% or more of all measurements taken for the same pollutant during a six-month period exceeded (by any magnitude) the applicable daily maximum limit or the applicable average limit; (2 ) Technical Review Criteria (TRC) Violation: 33% or more of all measurements taken for the same pollutant during a six-month period equaled or exceeded the product of the daily average maximum limit or the average limit times the applicable TRC. (For categorical pretreatment limitations the TRC equals 1,4 for BOD, TSS and Oil and Grease; and 1.2 for all other pollutants except pH. (3 ) An effluent violation caused interference or pass through or endangered the health of City or POTW personnel or the general public; (4) A discharge caused immdnent endangerment to human health, welfare or to the environment and resulted in the City exercising its emergency authority under Section 30 of this Agreement; (5) Failure to meet a compliance schedule milestone date within ninety (90) days or more after the scheduled date; (6) Failure to submit a required report within thirty (30) days of its due date; (7) Failure to accurately report non-compliance; or (8) Any other violation or group of violations which the Director determines may cause interference or pass through or will adversely affect implementation of the City'S pretreatment program. 8 FTL.26 " "Si~ificant Violation". A violation that remains uncorrected 45 days after notlfication of non-compliance; which is part of a pattern of non-compliance over a twelve-month period; which involves a failure to accurately report non-compliance; or which resulted in the POTW exercising its emergency authority under Section 403.8 (F)(l)(vi)(B) of the Act. "Slug". Any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average 24-hour concentration of flows during normal operation. "Standard Industrial Classification (SIC)". Classification pursuant to the Standard Industrial Classification Manual issued by the executive office of the President, Office of Management and Budget, as amended. "State". State of Florida, "Storm Drain" or "Storm Sewer". A sewer that carries stormwater and surface water, street wash, and other wash waters or drainage, but excludes domestic wastewater and industrial and commercial waste. "Stormwater". Any flow occurring during or following any form of natural precipitation and resulting therefrom. "Superintendent". The person designated by the POTW to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this Agreement, or his duly authorized representative. "Surcharge" . An extra charge levied to a user for treatment of compatible wastewaters that contain substances in excess of specified maximum allowable limits. "susp~mded Solids". Solids that are in suspension in water, sewage, or other liqulds and which are removable by laboratory filtering. "Toxic Pollutant". Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Admdnistrator of the Environmental Protection Agency under the provision of CWA 307(a) or other acts. "Treatment Plant". That portion of regional treatment facilities designed to provide treatment to wastewater and is operated by the South Central Regional Wastewater Treatment and Disposal Board. "Treatment Works". The wastewater treatment plant, interceptors, force mains, lift stations, and collection systems. "User". Any person who contributes, causes, or permits the contribution of wastewater into the POTW. 9 FTL.26 ,. "User Charge" or "User Fee". A charge levied on the users of the treatment process facilities for the cost of operation and maintenance of those facilities and other equitable and necessary charges. "wastewater". The liquid and water carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated, which is contributed into or permitted to enter the PO'IW. "Wastewater Treatment Plant". Any arrangement of devices and structures used for treating wastewater, such as the PO'IW. "Watercourse". A channel in which a flow of water occurs, either continuously or intermittently. 5. Compliance With provisions Or More Stringent Regulations The use of public sanitary sewers and the PO'IW shall be as outlined in this Agreement or if more stringent standards are promulgated by law, then the more stringent standards shall supersede and be considered a part of this Agreement. 6. Disposal Of Sewage Other Than Through Regional Facilities (A) The disposal of sewage by means other than use of the available regional wastewater facilities shall be in accordance with city, county, state, and federal law. ( B) The disposal of sewage to the POTW shall be as outlined in this Agreement and shall be subject to standards which meet or exceed the CITIES' industrial and commercial waste ordinance requirements as they shall exist from time-to-time, and shall also be subject to the provisions of the Interlocal Agreement dated December 26, 1974 between the Cities creating the POTW . 7. Right To Refuse Waste Upon Noncompliance The CITIES shall adopt within their ordinance the right to refuse waste from any user where wastewater does not comply with the requirements of this Agreement. 8. Damaging Or Tampering with Sewage Works The CITIES shall adopt ordinances requiring that no person shall break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the sewage works. 10 FTL.26 '. 9. Permit Required For Use Of Public Sewer No unauthorized person shall be permitted to uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written pe~t or permission from the proper official empowered to do so by the CITIES, individually, whose public sewer is affected. 10. Wastes Discharged Into Sanitary Sewers To Meet Criteria This CITIES shall each be responsible to adopt ordinances or regulations to assure that all waste discharged to public sanitary sewers, which in turn discharge to the regional treatment facilities (POTW), shall meet or exceed the following criteria: (A) No person shall discharge or cause to be discharged any stormwater, surface ,water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. (B) stormwater and all other unpolluted drainage shall be discharged to those sewers as are specifically designated as stonn sewers, or to a natural outlet approved by the proper city or county official. Industrial cooling water or unpolluted process waters may be discharged on approval of the Utilities Director to a stonn sewer or natural outlet. (C) No person shall discharge or cause to be discharged any of the following described waters or wastes to any sanitary sewers: (1) Flammable or explosive liquids or solids or gas, including but not limited to, gasoline, benzene naptha and fuel oil. (2) Any water or wastes containing toxic or poisonous or pathogenic solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plant. (3) Solid or viscous substances in quantities or of a size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk containers, and the like, either whole or ground by garbage grinders. (D) No person shall discharge or cause to be discharged, the below described materials, waters, or wastes (collectively, the substances) if it 11 FTL.26 ,. appears likely that acceptance of those wastes can harm the wastewater treatment process or equipment, the public sewers, the sanitary sewer systems, or have an adverse effect on the receiving water body, or can otherwise endanger life, limb, public property, or constitute a nuisance. The decision shall be based on those factors as the quantities subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment plant, degree of treatability of waste in the wastewater treatment plant, and other pertinent factors. The substances prohibited are: (1) Any liquid having a temperature higher than 1500 F or causing the wastewater treatment plant influent to exceed 104OF. (2) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 320 F. and 1500 F. (00 C and 600 C) (3 ) Any waters or wastes containing strong acid, iron, pickling wastes, or concentrated plating solutions whether neutralized or not. (4) Any waters or wastes containing phenols or other taste or odor producing substances, in a concentration exceeding limits which may be established by the POTW as necessary after treatment of the composite sewage to meet the requirements of the state, federal, or other public agencies of jurisdiction for that discharge to the receiving waters. ( 5) Any garbage that has not been properly shredded, which shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle size greater than 1j2-inch of any dimension. (6) Any water or wastes having a pH lower than 5.5 or higher than 9.5 or having any other corrosive property capable of causing damage or hazard to structure, equipment, or personnel or any waste treatment works. (7) Any waste containing toxic substances in quantities in excess of the following limits and measured at the point of discharge into any sewer system, or any substance that will pass through the waste treatment facilities and exceed the state and federal requirements for receiving waters: Parameter Limi t Metals Antimony 2 mg/l Arsenic 0.9 mg/l Cadmium 0.5 mg/l 12 FTL.26 " Parameter Limi t Metals (continued) Chromium - Hexavalent 0.5 mg/l Chromium - Total 3 mg/l Copper 2 mg/l Iron 5 mg/l Lead 0.9 mg/l Mercury 0.01 mg/l Nickel 0.7 mg/l Selenium 0.25 mg/l Silver 1 mg/l Zinc 2 mg/l Inorganics Ammonia 50 mg/l, (Surcharge) * Chloride 600 mg/l Cyanide 1 mg/l Cyanide Amenable to Chlorination o . 5 mg/l Fluoride 50 mg/l pH 5.5 - 9.5 Standard units Organics BOD 220 mg/l (Surcharge) * COD 440 mg/l (Surcharge) * Oil and Grease 100 mg/l Petroleum Hydrocarbons 25 mg/l Phenol 5 mg/l Phenolic Compounds, Total 0.5 mg/l Toxic Organic Compounds, Total 5 mg/l, No one Parameter over 1 mg/l Physical TSS 175 mg/l (Surcharge) * Particle Size One-half inch or less Radioactive Elements None detectable *: Subject to High Strength Sewer Surcharge (8) Any waste from sodi~cycle cation exchange (water softening) units from industrial or commercial users where the chloride content exceeds 600 milligrams per liter. (9 ) Any water or waste containing suspended solids or color of a character and quantity that unusual attention or expense is required to handle 13 FTL.26 " those materials at the waste treatment facilities without a special pe~t issued by the ci ty . (10) Any water or waste with a chlorine demand greater than 15 milligrams per liter. (11) Any radioactive isotopes, without a special permit issued by the ci ty . (12) under no conditions will the discharge of domestic, sanitary, industrial, or commercial waste be permitted into the stonn sewer system. (13) Any radioactive wastes or isotopes or half-life or concentration as may exceed limits established by the ~ in compliance with applicable state or federal regulations. (14) Volume of flow or concentration of wastes constituting slugs as defined herein. (15) Any waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to that degree that the wastewater treatment plant effluent cannot meet the requirement of other agencies having jurisdiction over discharge to the receiving waters. (16) Any waters or wastes containing suspended solids in excess of 175 milligrams per liter unless the user is approved by the city and provided further that the user complies with the requirements of the city's high strength sewer surcharge. (17) Any waters or wastes with a five-day, 200 C. B.O.D. greater than 220 milligrams per liter unless the user is approved by the city and provided further that the user complies with the requirements of the city's high strength sewer surcharge system. (18) Any waters or wastes containing chemical oxygen demand (COD) greater than 440 mgjL unless the user is approved by the City and provided further that the user complies with the requirements of the City's high strength sewer surcharge system. (19) Total toxic organics as defined in 40 CFR, Part 413.03[c] are not to exceed 5.0 mg/l, with no one parameter over 1.0 mg/l. (E) If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in subsection 0 of this section, and 14 FTL.26 '. which, in the judgment of the POTW Executive Director, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Executive Director may: (1) Reject the wastes. (2) Require pretreatment to an acceptable condition for discharge to the public sewers. (3) Require control over the quantities and rates of discharge. (4) Require payment to cover the added cost of handling and treating the wastes not covered by existing fees or sewer charges as contained in the strength charge system. If the PO'lW permits the pretreatment or equalization of waste flows, the plans for the design and installation of the equipment shall be subject to the review and approval of the POTW and the city and subject to the requirements of applicable codes, ordinances, and laws and compliance schedules as established by the city. In addition, any major contributing industry as defined by 40 CFR 403 shall comply with 40 CFR 403.12 and any other regulation as shall from time-to-time be established by EPA or other appropriate regulating governmental agency. (F) Grease, oil, and sand interceptors are to be provided when, in the opinion of the Executive Director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand, or other harmful ingredients; except that those interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the city and shall be so located as to be readily and easily accessible for cleaning and inspection. (G) Where preliminary treatment or flow equalizing facilities and/or interceptors like but not limited to grease traps, lint traps, or grit traps are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the user at his expense. Interceptors must have watertight closures for their inspection covers. The covers themselves must be of a type which conforms with the Plumbing Codes of the Building Department of the City regulating the installation and maintenance of the interceptors. Use of solvents and/or detergents and/or soaps, and/or degreasers is restricted to those levels which do not interfere with the proper functioning of the interceptors. II. Admission Of Industrial And Commercial Waste The CITIES shall adopt an appropriate Strength Surcharge System and ordinances and/or regulations intended to require their users of the public sewers or sanitary sewers to recognize and comply with the following: (A) The economy and desirability of the combined treatment of industrial and commercial wastes and sanitary sewage is recognized. However, not all types and quantities of industrial and commercial wastes can be so treated. It shall be the policy to admit the types and quantities of industrial and commercial wastes that are not harmful or damaging to the structures, 15 FTL.26 " processes, or operation of the sewage works or are not specifically prohibited. In all cases, a special permit will be issued which will state .specific conditions and requirements to be maintained. It is also recognized that to provide this service, additional facilities or treatment are required, and the cost of that must be borne by the user receiving the benefits. (B) Approval in advance by the city is required for the admission of industrial or commercial wastes into the public sewers having: (1) A five-day, 200 C. B.O.D. greater than 220 milligrams per liter or chemical oxygen demand (COD) greater than 440 milligrams per liter. (2) A suspended solids content greater than 175 milligrams per Ii ter. (3) Ammonia nitrogen greater than 50 milligrams per liter. The user shall provide chemical analyses of the discharge according to a schedule to be established by the POTW and continued discharge shall be subject to approval of the city. ( C) Samples shall be collected so as to be a representative sample of the actual quali ty of the wastes, Samples for analysis may be collected by the user or his representative. Analysis shall be made by a registered sanitary engineer or graduate chemist whose qualifications are acceptable to the city or a wastewater treatment plant operator licensed and registered in the state, or a water testing laboratory certified by the state, using the laboratory methods for the examination of wastewater as set forth in 40 CFR 136. (D) When required by the utilities Director, any establishment discharging industrial or commercial wastes into the sewer system shall construct and maintain at its sole expense a suitable control manhole or other suitable control station downstream from any treatment, storage, or other approved works to facilitate observation, measurement, and sampling of all wastes including all domestic sewage from the establishment. The location and methods of construction of the control station shall be approved by the Utilities Director. The control station shall be maintained by the establishment so as to be safe and accessible at all times. I f any establishment wishes to meter its waste discharge into the sewer system to verify in-product water retention or other uses of metered flow, they may, at their sole expense, install a flow-metering device as approved by the utilities Director. The control station shall be accessible to city personnel at all times for sampling. All authorized POTW or city employees shall be permdtted, upon suitable notice to the user, to enter upon all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with provisions of this Agreement and the appropriate City Ordinances. 16 FTL.26 " 12. Compliance (A) The CITIES shall adopt ordinances which require industrial users to provide necessary wastewater treatment as required to comply with this Agreement and shall achieve compliance with all national categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations and as required by the PO'lW. Industrial users with integrated facilities shall comply with any alternative discharge limits as set by the city. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained solely at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review at the request of the city. The review of those plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to the city prior to the user's initiation of the changes. (B) All records relating to compliance with pretreatment standards shall be available to officials of the city, the POTW, EPA, or FDER upon request. 13. Application Of More Stringent Requirements; City Shall Notify Affected Users - Upon the promulgation of the national categorical pretreatment standards or alternative discharge limits for a particular industrial subcategory, the pretreatment standard, if more stringent than limitations imposed under this Agreement for sources in that subcategory, shall immediately supersede the limitations imposed under this Agreement and shall be considered part of this Agreement. After the CITIES receives notice, the CITIES shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12. 14. POTW Board's Right Of Revision The POTW Board reserves the right to establish by resolution more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in this Agreement. 15. Excessive Discharge The CITIES shall adopt ordinances intended to prohibit all users from increasing the use of process water or, in any way, attempting to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the National Categorical Pretreatment Standards, alternative discharge limits, or in any other pollutant-specific limitation developed by the city or state. 17 FTL.26 " 16. Prevention of Accidental Discharges (A) The CITIES shall adopt ordinances to mandate that, where needed, a user shall provide protection from accidental discharge of prohibited materials or other substances required by this Agreement. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's expense. (B) Prevention of accidental discharges requires, but is not limited to, providing secondary containment for storage of potentially hazardous and/or regulated materials. The containment requirements are those now specified in, but not limited to, 40 CFR 264.170 through 176. Containment requirements must meet or exceed the following criteria of this Agreement: (1) Containment Volume to be Provided shall be 150% of one item or 150% of the largest item or 15% of the total to be stored, whichever is the largest. (2) Total Above Ground Stor~ shall be less than 40,000 gallons. No one item larger than 6,000 gallons no more than six (6) items at 6,000 gallons each are permitted at one site. (3) Storage Sheltering. All outdoor storage shall be sheltered from rainfall, or a suitable means of removing rainwater shall be provided. (4) Conditions of the Stored Vessel. All stored containers shall be maintained in sound condition; no rust, corrosion, or other signs of deterioration of the primary containment wall shall be permitted. All stored containers shall be closed and sealed during storage. Materials which the (6) Stand-by MaterialsjEqu~nt. Absorbents and pumps for pumping out spills shall be available when ne . ( 7 ) DeSi~ of Containment Floor/Base. The floor or base of the containment area on ich the stored vessels rest shall either be sloped or raised or provided with a drain faucet to prevent or minimize contact between the storage container wall and spilled content. (8) Materials of Construction for Containment. The walls, sidings, and floor or base of the containment area shall be constructed of materials which are chemically inert with the stored materials and which render the provided containment volume leak proof. 18 FTL.26 ., (C) On the request of the PO'lW Board, the City shall require the user to submit to the City for review detailed plans showing facilities and operating procedures to provide this protection. All required users shall complete this plan within ninety (90) days after notification by the city. If further required by the city, a user who commences contribution to the public sewers after the effective date of this Agreement shall not be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city. Review and approval of those plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements. (D) The CITIES shall adopt ordinances that mandate that, in the case of an accidental discharge, it is the responsibility of the user to immediately notify by telephone, the utilities Director, the Executive Director of the PO'lW, and the PO'lW. The notification shall include location of discharge, type of waste, concentration and volume, and correction actions. 17. Written Report Required Describing Cause Of Discharge Within five (5) days following an accidental discharge, the CITIES ordinance shall require the user to submit to the PO'lW and the city a written report describing the cause of the discharge and the measures to be taken to prevent similar future occurrences. The notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the public/sanitary sewer system, the sanitary sewer system, the POTW, fish kills, or any other damage to person or property; nor shall the notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this Agreement or other applicable law, 18. The CITIES' ordinances shall require a notice to be permanently posted on the user's bulletin board or other prominent place advising employees of whom to call, in the event of a dangerous discharge. Furthermore, all employers shall ensure that all employees who may cause a dangerous discharge to occur are advised of the emergency notification procedure. 19. Notification of the Discharge of Hazardous Wastes (A) The CITIES shall adopt ordinances intended to require all Industrial Users have provisions for notifying the Executive Director of the PO'lW, the EPA Regional Waste Management Division Director, and the State hazardous waste authorities in writing of any discharge into the City Sewer System of a substance which is a listed or characteristic waste under Section 3001 of RCRA or 40 CFR part 261. Such notification must include a description of any such wastes discharged, specifying the volume and concentration of such wastes and the type of discharge (continuous, batch, or other), identifying 19 FTL.26 ,. the hazardous constituents contained in the listed wastes, and estimating the volume of hazardous wastes expected to be discharged during the following twelve months. This requirement shall not apply to pollutants already reported under the self-monitoring requirements. (B) Dischargers are exempt from requirements during a calendar month in which they generate no more than 100 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes which requires a one-time notification. Subsequent months during which the industrial user generates more than one hundred kilograms of hazardous waste do not require additional notification, except for the acute hazardous wastes specified in 40 CFR 261.5(e), (f), (g), and (j). ( C) In the case of new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the utilities Director of the discharge of such substance within 90 days of the effective date of such regulations, except for the exemption in paragraph (2) of this section. (D) In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of wastes generated to the degree it has determined to be economically practicable and that it has selected the method of treatment, storage, or disposal currently available which minimizes the present and future threat to human health and the environment. 20. Compliance Date Report wi thin ninety (90) days following the date for final compliance wi th applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the public/sanitary sewer system, each City shall submit to the Executive Director, a monitoring report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by those pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards and requirements are being met on a consistent basis and, if not, what additional pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be.signed by an authorized representative of the industrial user and certified to by a qualified representative. 21. Periodic Compliance Report Each City shall submit to the PO'lW during the months of June and December, unless required more frequently in the pretreatment standard or by 20 FTL.26 " the PO'lW, a report indicating the nature and concentration of pollutants in the effluent which are limited by those pretreatment standards or this chapter. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow reported in the submdssion information. At the discretion of the PO'lW and in consideration of those factors as local high or low flow rates, holidays, budget cycles, and the like, the PO'lW may agree to alter the months during which the above reports are to be submdtted. 22. Monitoring Facilities (A) Each City may require to be provided and operated, all at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer or internal draihage systems. The monitoring facility should normally be situated on the user's premises, but the city may, when a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near the sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. (B) The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the use r . Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with plans and specifications submitted to and approved by each City and all applicable local construction standards and specifications. When required, construction of those facilities shall be completed within ninety (90) days following written notification by the City. 23. Inspection And Sampling Each City, through its employees, is authorized to inspect the facilities of any user to ascertain whether the purpose of this Agreement is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the City or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination, records copying, or in ~e performance of their duties. The city, ~, state DER, and EPA shall have the right to set up on the user's property those devices as are necessary to conduct sampling inspection, compliance moni to ring , or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the City, ~, DER, and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. 21 FTL.26 " 24. Information And Data To Be Made Available Information and data on a user obtained from reports, questionnaires, permdt applications, permdts and monitoring programs, and from inspections shall be available to the public or other governmental agency in accordance wi th applicable state statutes or federal law. 25. Special permdt Required; Term A special permdt will be required by the PO'IW for each City. The fixed life of a permit is set for one year from date of issue, and a renewed waste discharge permit will have a fixed life of one year. These permits involve the implementation of a formula for surcharge for wastes which exceed the sewage parameters for strength as set forth herein and also require enforcement by the CITIES to prevent the discharge of wastes which exceed the sewage parameters for strength as defined in the Agreement. In order to effect these provisions, each City shall provide for development of a permdt program for its users. 26. Application For Permits The CITIES agree to administer a waste discharge permdt program for all their industrial users as follows: (A) The application for a waste discharge permdt shall be of a form specified by each City. (B) This application will define all of the pertinent data concerning the acceptance of industrial and commercial waste flows and will provide the basis for the issuing of a permdt certificate specifying limitations on what the user may discharge. The permdttee may petition specific conditions of the permdt for a period of thirty (30) calendar days following the date of issuance. After this period, the permittee waives all right to petition the conditions of the permdt. (C) The initial permit shall be effective for a period of no more than five years from date of issuance and must be renewed annually by the applicant in order to continue that waste discharge. (D) An application for an initial permdt shall be accompanied by a cashier's check in an amount as established by each City as a permdt fee plus the City's monitoring costs as prescribed by 40 CrR 403. (1 ) Industrial and Commercial Waste Discharge permdt Form. The form of permit for industrial and commercial wastes shall be as specified by each City. Specific provisions for continued acceptance by the each City of the waste shall be attached to and made a part of the permdt to discharge. Each City may prescribe those items as equalized flow discharge, prechlorination, or additional limitations on waste characteristics not 22 FTL.26 " adequately described in this agreement, or may prescribe pretreatment quality, requirements for the waste flow in detail. (2) Renewal of Industrial and Commercial Waste Discharge Permit. The application for a renewed waste discharge permit shall be of a form specified by each City, (E) ~nistration of permits. (1) The administration of the industrial and commercial waste discharge permit program and the application of the surcharge formula imposes additional obligations of the CITIES. (2) The CITIES, in addition to determining the waste flow volumes and analyzing the waste strengths for developnent of the surcharge, must also maintain an accurate record of the permit applications, permits, meter installation details, meter calibrations, and shall make available to each establishment the necessary renewal application forms. 27. Application Of SUrcharge OVer Standard Use Fee (A) The CITIES shall adopt ordinances providing for a surcharge to be applied over and above the standard sewer use fee when the wastes from any lot or parcel of land, upon which there is located any building or activity, contain B.O.D., C.O,D., ammonia, or suspended solids concentration higher than defined herein. (B) The surcharge in dollars shall be computed by the fornn.1las established by the CITIES for the user charge and industrial cost recovery system. (C) Nothing in this Agreement shall restrict the City from making additional adjustments in rates if it is found that the nature or quantity of the waste creates an additional burden on the system or if those adjustments are necessary to comply with regulations of the State Department of Environmental Regulation or the united States Environmental Protection Agency. 28. Responsibility For Treatment And Disposal The POTW is responsible for the proper treatment and disposal of all waste that is proper to process through the regional treatment facilities, beginning at the point source. 29. Right To Enter premises And Obtain Information Concerning Discharges (A) To the extent permitted by general law, the proper official and other duly authorized employees of the City or the POTW bearing proper 23 FTL.26 .. credentials and identification shall be permitted to enter all properties for the purposes of inspection, observations, measurement, sampling, and testing in accordance with the provisions of this Agreement. The official or his representatives will not inquire into any processes including metallurgical, chemdcal, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. (B) To the extent permitted by general law, the proper official and other duly authorized employees of the City or the PO'lW bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds an easement for the purposes of, but not limdted to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying wi thin that easement. 30. (A) The CITIES shall adopt ordinances providing that each City may suspend the wastewater treatment service to any user, including other local governments, when the suspension is necessary, in the opinion of the City, in order to stop an actual or threatened violation which presents or may present an inminent or substantial endangerment to the health or welfare of persons or the environment, causes interference to the POTW, caused the POTW to violate any condition of its NPDES permit, or causes the city to be in violation of any of its agreements with the PO'lW. (B) The CITIES shall require that any user notified of a suspension of the wastewater treatment service shall immediately stop or eliminate the contribution. In the event of a failure of the City to cause the user to voluntarily comply with the suspension order, the PO'lW shall take steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the PO'lW systems or endangerment to any individuals. The PO'lW may reinstate the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submdtted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the city within fifteen (15) days from the date of the occurrence. 31. Notification Of Violations Whenever the PO'lW finds that any city has violated or is violating any of the provisions of this Agreement, or any prohibition, limitation of requirements contained herein, or any regulations promulgated by the City pursuant to this Agreement, the PO'lW may serve upon that city a written notice stating the nature of the violation. Within thirty (30) days of the receipt of the notice, a plan for the satisfactory correction thereof shall be submitted to the PO'lW by the city. 24 Fl'L.26 '. --- -- - 32. Fal.. Statements Of DOcuments prohibi ted No person shall knowingly make any false statements, repr...ntation, or certification in any application record, re~rt, plan, or other document filed or required, to be maintained pursuant to t is Agreement, or falsify, tamper with, or know1n91y ,enCl.' inaccurate any IOOn1toring device or method required unde, th1. c:hapt.eJ:. 33. Show Cause Hearing (A) My party subject to enforcement action under the provisions of this Aqreement my request a hearing before the Executive Director within ten (10) days of receipt of notification or proposed enforcenwnt action. A he.ring 15 to be held by the oireetor concerninq the violation, the reasons why the action i8 to be taken, the propoGed enforcement action, and directing the uler to .how caul. before the Executive Director why the proposed enforcement action .hould not be taken. (B) The Executive Director may conduct the hearing and take the evidence, or, at the Executive Director'S sole discretion, may de.ignat. the ~ Attorney or an independent arbitrator to: (1) Issue, in the name of the Executive Director, notices of hearing reque.ting the attendance and teMtimony of witn....s and the ptoduction ot ev1dence relevant to any matter involved in that h.adl\9. (2) Take evidence and hear testilWJny (the strict rule. of evlcSence shall not apply to any hearing). (3) Transmit a report of the evidence and hearing, including transcripts and other evidence, toeJether with reconmendat1on to the Executive Director or his designee for action thereon. (C) At any hearinq held pursuant to this Agreement, testimony taken must be under oath and recorded stenO<jraphically, wi th the coats thereot to be borne by the user. 'nle transcript, so recorded, will be made available to any member of the p.Jblic or llny party to the hearing upon payment of the usual charge. thereof. (0) After the EXecutive Director or his designee has reviewed the evidence, he may issue an order to the user responsible for the non-compliance(s) stating that, following a thirty (30) day time period to provide relDldlation ot non-compliance(s), penalt1es as per this Agreement shall 90 into effect. Further orders as are necessary and appropriate may be ilaue4. (E) The POTW shall also establish appropriate surcharge. or fe.. to the CITtES to reimburse the ~ for the additional coat of oper.tlon and 25 ~.,..,. ..,,- " maintenance of the wastewater treatment works due to the violation of this Agreement. ( F) Any action by the Executive Director or his designee may be appealed to the PO'lW Board. (G) Costs for conducting a Show Cause Hearing shall be born by the user requesting the hearing, if the enforcement action is upheld. 34. Legal Action Against User For Appropriate Relief If any person discharges sewage, industrial wastes, or other wastes into the City's wastewater disposal system contrary to the provisions of this Agreement, federal or state pretreatment requirements, or any Order of the City, and the City has not timely taken appropriate action to prevent such a violation, the POTW's attorney may commence an action against the city within whose collection system the violation is occurring, for appropriate legal relief, including injunctive relief, in the appropriate court which has jurisdiction. 35. Retention Of Records Required The CITIES shall adopt ordinances which require all users to retain and preserve for no less than three (3) years, any records, books, documents, memoranda, reports, correspondence, and any and all summaries thereto, relating to monitoring, sampling, and chemical analyses made by or on behalf of a user in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the POTW or the City pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. 36. Enforcement Plan The CITIES shall adopt ordinances providing for an escalating enforcement strategy to be used by the CITIES to maintain compliance with this Agreement. The various types of enforcement actions shall be used as determined by the utilities Director depending on the severity of the violation. A copy of the enforcement plan will be kept on file at the POTW. 37. Penalties The CITIES shall adopt, by Ordinance, as a minimum, the following penal ties: (A) Civil Penalties. The CITIES shall adopt an ordinance providing that any user who is found to have violated an Order of the City or Ordinance adopted to provide for compliance with this Agreement or who fails to comply 26 FTL.26 '. with any orders, rules, and regulations issued by the City pursuant to this Agreement, shall be penalized up to $1,000 per day for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, each city may to the extent permitted or authorized by law, recover reasonable attorneys' fees, and other expenses of litigation by appropriate motions or suit at law against the userjperson found to have violated this Agreement or the ordinances orders, rules, regulations, and permits issued hereunder. (B) Any person who shall continue any violation beyond the time lim! t provided for in this Agreement shall be guilty of a violation, and on conviction thereof, shall be penalized in the amunt not exceeding $5,000 for each violation. Each day in which any violation shall continue shall be deemed a separate offense. (C) Within 30 days of any and all violations, the user shall cause a sample of the discharge to be taken and laboratory analysis performed on said sample at their expense with the results to be provided to the utilities Director. The utilities Director may require further sampling at such times as he deems appropriate. 38. Cost Recovery Formula At Board level, the costs for testing of each City's influent line to the facility will vary with the number and types of industries reported to exist in each City. The following Cost Recovery Formula is hereby adopted and shall be applied to each City on the basis of such monitoring activity: BOARD ORDINANCE PRETREATMENT COST RECOVERY FORMULA PC - (S x S ) + (A x A ) e a n e n Where: PCe - Pretreatment Monitoring Charge per City. S - Sampling Activity Cost. a Sn - NUmber of Samples. Ae - Analysis Cost. ~ - Number of Analysis. 27 FTL.26 IN WI'lNESS WHEREOF, the parties hereto have executed this Industrial Waste and Pretreatment Agreement this day of , 199_ . S<Xmi CENTRAL REGI~ WASTEWATER TREATMENT AND DISPOSAL BOMO By: Chai man ATTEST: Secretary CITY' OF BOYN'lm BEACH By: A'ITEST: Mayor City Clerk CITY' OF DELRAY BFACH By: ATTEST: Mayor City Clerk 28 FTL.26 '. The above action is hereby ratified in open session by the City of Boynton Beach this day of , 199_. Witnesses: CITY OF BOYN'lOO BEACH By: Mayor Attest: City Clerk (SEAL) Approved as to form: City Manager City Attorney The above action is hereby ratified in open session by the City of Delray Beach this day of ,19_ . Witnesses: CITY OF DELMY BEACH By: Mayor Attest: City Clerk (SEAL) Approved as to form: City Manager City Attorney 29 FTL.26 " . ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~~ SUBJECT: AGENDA ITEM # ~G,. - MEETING OF MARCH 11. 1992 RESOLUTION NO. 27-92 DATE: March 6, 1992 This item is before you for formal adoption of Resolution No. 27-92 which recognizes the accomplishments and service to the City of Mr. William H. Greenwood. A copy of this resolution was presented to Mr. Greenwood on March 6, 1992, his last working day with the City. Recommend approval of Resolution No. 27-92. ~ 1"1 " ~ ----~- .-- -- _.__.__..._._~- RESOLUTION NO. 27-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING WILLIAM H. GREENWOOD FOR HIS MANY ACCOMPLISHMENTS AND SERVICE TO THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, William H. Greenwood was hired by the City of Delray Beach as Director of Public Utilities on May 30, 1989; and, WHEREAS, during his tenure with the City, William H. Greenwood was responsible for the reorganization of the department which later came to be known as Environmental Services; and, WHEREAS, as a result of this reorganization, several divisions in the City came under his supervision which created a more unified and manageable operation; and, WHEREAS, William H. Greenwood oversaw the much needed water and sewer repairs during the first phase of the Decade of Excellence, a major undertaking for the revitalization of the City of Delray Beach; and, WHEREAS, william H. Greenwood will leave the employ of the City of Delray Beach effective March 6, 1992, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby expresses its thanks and sincere appreciation to William H. Greenwood for his many accomplishments and dedicated service to the City of Delray Beach. PASSED AND ADOPTED in regular session on this the 11th day of March, 1992. ~~..c- ATTEST: ; C ~Nm 'fp/{',}U 'r II(J~ ity Cl k i . 'I' hil '. . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS '/- / FROM: CITY MANAGER ....../...... SUBJECT: AGENDA ITEM # g H - MEETING OF MARCH 11, 1992 RESOLUTION NO. 28-92 DATE: MARCH 6, 1992 This resolution abandons a utility easement located on the north six feet of Lots 23, 24 and 25; the west three feet of Lot 24; and the east three feet of Lots 25, 26, 27 and 28, Block 5, Plat 2 of 2, Southridge, in conjunction with the Groves of Delray Plat #1. The abandonment was initiated concurrently with the final plat for the Groves of Delray Plat #1; however, all of the required sign-offs from the various utility companies had not been received when the plat was otherwise ready for action. The final plat was approved by Commission on February 11, 1992. All sign-offs have now been received and there are no objections to the abandonment. Planning and Zoning Board review is not required for easement abandonments. Commission action is therefore appropriate. Recommend approval of Resolution No. 28-92 vacating and abandoning a utility easement located along the north six feet of Lots 23, 24 and 25; the west three feet of Lot 24; and the east three feet of Lots 25, 26, 27 and 28, Block 5, Plat 2 of 2, Southridge. '. . " . ----""---_.-------...- ~.._---- --- ------- - -, ._--~._-_._._-- -_._---_.~---_. ----------- -----._--- ---- - --.- RESOLUTION NO. 28-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT LOCATED ON THE NORTH 6 FEET OF LOTS 23, 24 AND 25; THE WEST 3 FEET OF LOT 24; AND THE EAST 3 FEET OF LOTS 25, 26, 27 AND 28, BLOCK 5, PLAT 2 OF 2, SOUTHRIDGE, A SUBDIVISION AS RECORDED IN PLAT BOOK 13, PAGE 39 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. WHEREAS, Glenn R. Haggerty is the fee-simple owner of Lots 23-28, Block 5, Plat 2 of 2, Southridge, as recorded in Plat Book 13, Page 39 of the Public Records of Palm Beach County, Florida; and, WHEREAS, Glenn R. Haggerty has made application for abandonment of a utility easement located on the north 6 feet of Lots 23, 24 and 25; the west 3 feet of Lot 24; and the east 3 feet of Lots 25, 26, 27 and 28, Block 5, Plat 2 of 2, Southridge; 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 easement, 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: A utility easement located on the north 6 feet of Lots 23, 24 and 25; the west 3 feet of Lot 24; and the east 3 feet of Lots 25, 26 and 27 and 28, Block 5, Plat 2 of 2, Southridge, as recorded in Plat Book 13, Page 39, of the Public Records of Palm Beach County, Florida. PASSED AND ADOPTED in regular session on this the 11 th day of March, 1992. MAYOR ATTEST: City Clerk '. ~, - , ..' I060';S J1( grp A f/ E ;f/ t/c- (V,v'/MAR.:'1'rt') ------~- {; ~;:;i//'.-.('.IA/~-~.",?/.</~n ;P,:'-r-~r F~'V/''''~~< '~~r~"/XAF~,-.:;r-;;:;,;-- -,-' -- -:". r-~ <0-; ...-.>". ,./;;>~ ''\', ~ ,,'" ,11\ ~~!~ '- I . ?/tff! 75~ \1. -.. -... -.. -... '" .., <> '':'' I ! I " i ! I 1 -.... I c; I I ~. ,\ 1 I i'" ,'" ... ~ -:::,. -;. ~ ,j> ..> " l' ' '-Y , I l' ! ' '....' ~ \J'. ,,~ I ' '.J ~ ~ ,,,", '. , ':) \ \ .... 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" L: ~ ~ , ; - < ... , . - . , , ' -..; : .. /tJ/9/' , '" .. ..... ). ' ',',' ~ '- . .S> '" .... , lo. . ~.~ :'l f~ ."'~ ~ . . " ~ \} ,,' :~. ~. .~ . ~ ~ ~ r-. :>.. .~,:',~: ~ ' ',1 J- ,t. " ~ " ~ ~ .. '"'t- ' , "- . I - ... ' .~. , 0.: of 0.- 1 , ~ ~~ '..... ~ .:-.~ .. ... ., '.' '. ~ ::.. - l,.. ~ - '\:) , - ) -:. '.' ~ " ~... ~... .. . '"'")" "'. ."\ . r)., : -, . .1....', ~ ~~. . "- ~ . ~ . , , - '" - - '. .', \ . .- ~ ~ " - ":.,. \.. :: , ~. ~, '; .. ~~ - ';'; .. . ,; , ~ '~ ~ :--. , . ' ~ ' ~ ~ , ~ ' . ,,- .- " ~ . " '- ~ - , : . . . ., . ~ ~ : l \, ~ 'i, ~: \. " - .... - ~ ~ .. '.' - C I T Y COM MIS S ION DOC U MEN TAT ION TO: G_VI~ T. HARDEN, CITY MANAGER ~~'-'C<-~ THRU: DAVID J. CS, DIREC ZR P ING AND ZONING FROM: S~E, TA R PLANNING TECHNICIAN II SUBJECT: MEETING OF MARCH 11, 1992 ABANDONMENT OF UTILITY EASEMENT **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of abandonment of a 6' utility easement associated with the Groves of Delray Plat '1. The easement extends in both north/south and east/west directions. Please see attached exhibit, BACKGROUND: This item was initiated concurrently with the final plat for the Groves of Delray Plat ,1- However, all sign-offs from utility companies had not been received when the plat was otherwise ready for action. The final plat was approved by the Commission on February 11, 1992. At this time all sign-offs have been received and there are no objections to the abandonment. It is now appropriate to have a formal action which consummates the abandonment. PLANNING AND ZONING BOARD CONSIDERATION: Planning and Zoning Board review is not required for the abandonment of easements. RECOMMENDED ACTION: By motion, approve the abandonment of the 6 · utility easement within the Groves of Delray Plat '1 through adoption of Resolution -92. Attachment: * Location Sketch of Easement SET'4/GRUECC.DOC ., . " 25 . W > ~ ~ <( N C'I 26 - 27 ~\)\v I t>-" ~ I- ro 28 SS (j'v~ . 0'0 ~ <V . (() ABANDONMENT OF UTILITY EASEMENT LOTS 23 THRU 28 SOUTHRIDGE, BLOCK 5 ,. " - EBEBEE8 , L s.w. S,W. 10TH STREET mr 0IIIllIIllJ r- II - 1 w ;:) z - ~ w ~ ~ ;:) z z THE GROVES OF DELRAY - ~ ~ PLAT 111 = ~ ~ ~ ~ II . ~ = .,; s.w. 11TH STREET 1/ ~ Q j . ~ ~/ ~ IIf .,; u ii2 Iii ~ ~ II II II 1 DRIVI e::) ~ Ii DOUGLASS AVENUE ~ \ S.W. 12TH sr. ID ~ 4. I I ~ I IIIII M 'T / BESSIE ST. ~ ~ / 111111 / '-- EUA ST. 'i l)/, ~~ ( ~ ~~ 1_~ $/," I ~Q '. 11 _/ QUEENS - O'~'f. ~ IILJ. WMUCE iii NISSAH ~ ~ SOUTH RIDGE i VllJ.AGl CONDO N - . - I .,j ..... LINTON BOULEVARD rlRE STAllON ,~ I ( I 1 I " ' , . . " . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 1ifJv1 v SUBJECT: AGENDA ITEM # ~ .:r - MEETING OF MARCH 11. 1992 RESOLUTION NO. 26-92 DATE: March 6, 1992 This item is a Resolution assessing costs for abatement action required to remove nuisances on 16 properties located within the City. The Resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 26-92 assessing costs for abating nuisances on 16 properties located within the City. " !,ll " . ~ RESOLUTION NO. 26-92 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 ASSESSMENT7 SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES 7 PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS 7 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 Ordinances7 and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached 'list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed .to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said propertY7 and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s)7 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 notice7 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 involved7 and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), . .. ,. 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 I County Tax Assessor, notice (s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due,and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8 ) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1992. M A Y 0 R ATTEST: City Clerk - 2 - Res. No. 26-92 . , , I I ,. h'" - ,.~.~ . COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT E41' OF LT 2, BLK D, RIDGEWOOD MADELINE S. SANTIAGO $ 44.00 HEIGHTS, PB 14, P 44, PUBLIC 11051/2 SW 7TH STREET 70.00 (ADM COST) RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (SW 7TH AVENUE) N1/2 OF LT 20, BLK 2, GOLF PK K.M.JR. & SHELLEY LINDEN $190.00 PB 26, P 141, PUBLIC RECORDS, 578 SW 20TH COURT A 70.00 (ADM COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33445 (578 SW 20th Court #A) S39.5' OF LT 5 & N18.5' OF, MARILYN M, CARTWRIGHT TR $112.00 LT 6 BLK 78, TOWN OF DELRAY, C/O KENNETH RAPPAPORT, .70.00 (ADM COST) PB 1, P3, PUBLIC RECORDS, BANKRUPTCY TRUSTEE PALM BEACH COUNTY, FL 1300 N. FEDERAL HWY #203 (133 SE 1ST AVENUE) BOCA RATON, FL 33432 S12' OF LT 7 & LT 8, MELVIN S. GEZA M. GYORKY $ 65.00 BURD SUB., PUBLIC RECORDS, P.O. BOX 2554 70.00 (ADM COST) PALM BEACH COUNTY, FL WEST PALM BEACH, FL 33402 (NW 5TH AVENUE) LT 10, BLK 2, KENMONT, PB 20, WILLIAM H. CARTWRIGHT $124.00 P 65, PUBLIC RECORDS, PALM C/O KENNETH RAPPAPORT 70.00 (ADM COST) BEACH COUNTY, FL 1300 N. FEDERAL HWY, #203 (710 BOND WAY) BOCA RATON, FL 33432 E15' OF LT 2, BLK 5, OSCEOLA J.L.& MARGARET PATTERSON $ 50.00 PK, PB 3, PA 2, PUBLIC RECORDS, 4517 TENELLA ROAD 70.00 (ADM COST) PALM BEACH COUNTY, FL NEW BERN, NC 28562 (SE 5TH STREET) W35' OF E135' OF N100' & S50' ETHEL BAINE $ 55.00 OF N100' OF E35.5' OF W 135.5' C/O G.H. BAIN 70.00 (ADM COST) OF BLK 31, TOWN OF DELRAY, 545 NW 5TH STREET PB 1, P 3, PUBLIC RECORDS, BOYNTON BEACH, FL 33435 PALM BEACH COUNTY, FL (410 SW 2ND STREET) N58' OF S312.12' OF E 135' OF IVERSON LASTER $ 65.00 BLK 10, TOWN OF DELRAY, PB 1, P.O. BOX 1225 70.00 (ADM COST) P 3, PUBLIC RECORDS, PALM BOYNTON BEACH, FL 33426 BEACH COUNTY, FL (NW 6TH AVENUE) -3- Res. No. 26-92 .t I'" .~ . ' . N30'OF E135' OF BLK 10, TOWN OF JAMES & BERNICE IVY $ 40.00 DELRAY, PB 1, P 3, PUBLIC 221 NORTH SWINTON AVENUE 70.00 (ADM COST) RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33444 (NW 3RD STREET) LT 5, BLK 11, DELRAY SHORES, BEN G.& JENNIE M. BURROWS $ 65.00 PB23, P 167, PUBLIC RECORDS, 844 ORBIT LANE 70.00 (ADM COST) PALM BEACH COUNTY, FL UNIONDALE , NY 11553 (2457 ANGLER DRIVE) LT 25, BLK 2, ATLANTIC PINES, C, & MARY A. HANNA $ 65.00 PB 13, P 77, PUBLIC RECORDS, 210 SW 3RD AVENUE 70,00 (ADM COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (NW 11TH AVENUE) N50' OF S356.4' OF E135' OF ADELENE JENKINS $ 50.00 BLK 24, TOWN OF DELRAY, PB 1, 2076 ILENE COURT #3 70.00 (ADM COST) P 3, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33445 BEACH COUNTY, FL (326 SW 5TH AVENUE) LT 22, BLK 32, TOWN OF DELRAY, J.W. & MARGARET YOUNG $ 55.00 PB 6, P 97, PUBLIC RECORDS, 317 SW 5TH AVENUE 70.00 (ADM COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (SW 4TH AVENUE) N125' OF S140' OF W92' OF WALTER J. SEYMOUR $ 50.00 E132' OF NW1/4 OF SW1/4 OF 10159 41ST TERR. #217 70.00 (ADM COST) SW 1/4 SUB OF SEC 4 '-46-43, BOYNTON BEACH, FL 33436 PUBLIC RECORDS PALM BEACH COUNTY, FL (220'0 N SEACREST BLVD) LT 6, BLK 6, DELRAY SHORES JOHNNY & DAWN PELOSI $170.00 PB 24, P 253, PUBLIC RECORDS, 30 SE DORSON WAY 70.00 (ADM COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33445 (30 SE DORSON WAY) W55' OF LTS 11 & 12, BLK 23, MARIE QUINCE $ 65.00 TOWN OF DELRAY, PB 10, P 69, 506 SW 14TH AVENUE 70.00 (ADM COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 COUNTY, FL (SW 5TH AVENUE) VIOLATION IS: SEC.100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. -4- Res. No. 26-92 ,. h' .. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # :r - MEETING OF MARCH 11. 1992 AWARD OF BIDS AND CONTRACTS DATE: March 6, 1992 This item is before you to approve the award of the following bids and contracts: 1. Automatic Sampler - Water Treatment Plant - Perkin-Elmer in the amount of $12,086.20 with funding from Water and Sewer Lab Supplies (Account No. 441-5122-536-35.16). 2. Poly-Phosphate - Environmental Services - Technical Products, Corp. in the estimated annual amount of $58,500 with funding from Water and Sewer Treatment- Chemicals (Account No. 441-5122-536-35.18) . 3. Chemicals - Environmental Services - Jones Chemicals (Liquid Chlorine) in the estimated annual amount of $19,980; Allied Universal (Calcium Hypochlorite and Sodium Hypochlorite) in the estimated annual amount of $57,270 with funding from Water and Sewer Lift Station Maintenance Chemicals (Account No. 441-5144-536-35.18) *4. Lease Purchase Demo - Johnson 600 Series Street Sweeper ($2,202 per month) and Extended Warranty $2,200 - with funding from Stormwater Utility Fund - Equipment Other (Account No. 448-5416-538-60.89). 5. Equipment Rental and Emergency Assistance - Environmental Services (Coop Bid with Boca Raton) - Johnson Davis, Inc. , Belvedere Construction, and W. Jackson and Sons Construction with funding as required. *At the time the agenda was completed, staff was still exploring the most cost effective options with regard to acquiring this equipment. Complete backup material will be provided prior to your Wednesday evening meeting. Recommend approval of the above bids and contracts with funding as indicated. It 1.'1 " -"1./ - ~ ,i)''!/; [IT' DF DELAA' BEA[H 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243,7000 MEMORANDUM TO: David T. Harden, City Manager FROM: W Robert A. Barcinski, Assistant City Manager/ Administrative Services SUBJECT: Agenda Item City Commission Meeting March 11, 1992 Purchase of Auto Sampler DATE: March 4, 1992 ACTION City Commission is requested to approve the purchase of an Auto Sampler in the amount of $12,086.20 from Perkin-Elmer. Funding will be available in account #441-5122-536-35.16 Lab Supplies. BACKGROUND An Auto Sampler is a piece of lab equipment that would be attached to the Gas Chromotograph in the Water Treatment Plant. The Gas Chromotograph is used to detect organic contamination. The Auto Sampler would eliminate the need to have a lab technician operate the Gas Chromotograph and would increase the number of samples that could be obtained from eight to twenty-four per day. The Perkin-Elmer product is being recommended over the Tekmar because we have a service contract with Perkin-Elmer for the other lab equipment. If Tekmar installs the Auto Sampler then our service agreement with Perkin-Elmer will be voided. The difference between the two bids is $471.70. Funding for this item is available through a budget transfer from the sludge disposal account to the lab supply account. The balance in the sludge disposal account is $51,520. This item was originally established to clean out the sludge pond at the water treatment plant. The lime softening contract now includes the removal and disposal of the sludge, thus freeing up funds in this account. Staff recommends approval of the purchase of the auto sampler from Perkin-Elmer and the budget transfer in the amount of $13,000. RAB:kwg cc: George Abou-Jaoude Ted Glas THE EFFORT ALWAYS MATTERS .. " MEMORANDUM TO: Robert A. Barcinski Asst. City Manager/Admin. Services FROM: Don Haley Supt. Water Treatment Plant SUBJECT: AUTO SAMPLER EXPLANATION/JUSTIFICATION DATE: March 3, 1992 The Water Treatment Plant has an instrument called a G.C. (Gas Chromotograph), that is used to detect organic contamination in drinking water. This instrument is used continuously. At present, it is operated by hand and requires a lab person to be present at the completion of each run; to inject a new sample into the machine. This limits the operation time to eight (8 ) hours per day. The Auto Sampler is an add-on to the existing equipment. Once it is installed, the production of the G.C. will increase from eight (8 ) samples per day to 24 samples per day, plus freeing up our lab personnel for other required testing during their work day. The unique feature of an Auto Sampler is, it will operate on its own during the off hours when the lab is closed. Other labs in the area are Boca Raton/Boynton Beach both have Auto Samplers. Funding for this sampler is to come from 441-5122-536-35.16 (see attached Budget Transfer). C--.~ ~j "'" Don Haley \ DH/gm Att: cc: George Abou-Jaoude, Dep. Dir. of Environmental Services/Public Utilities File: Memos to Barcinski, Asst. City Manager File: a:barcin.doc " " . *';-- :",./ , " ~ . ~L\.6..\ ~ (~.'c ~ MEMORANDUM \:llG~ TO: Ted Glas Purchasing Officer -- FROM: Don Haley Supt. Water Treatment Plant SUBJECT: AUTO SAMPLER (SOLE SOURCE) DATE: February 6, 1992 The new Laboratory at the Water Treatment Plant is equipped with a Perkin-EImer's Gas Chromatograph (GC) and Atomic Absorption (AA) . At present, the work load in the lab dictates the need for an automatic sampler that is an add-on to our existing equipment. This would allow the GC to operate on its own thru the day and off hours, thus freeing up our lab personnel for other required testing. Perkin-EImers maintains our GC and AA units by way of an annual roll over maintenance contract. We had inquired with Tekmar for comparable prices on the same equipment and they were $400.00 less. The concern the Water Treatment Plant has is if Tekmar comes in to install the sampler and something goes wrong, Perkin-EImer's service contract will be voided. I recommend we support the Perkin-Elmer sampler and installation, also Perkin EImers service representative is local versus Tekmar's service which comes out of Orlando. Funding for this add-on is available in Account number 44l-5l22-536-35.16. \ Sincerely, \ \ ~ \ .( Don~~, "s~~t. --"J Water Treatment PI nt DH/gm cc: George Abou-Jaoude, Dep. Dir. of Environmental Services/Public Utilities file:a:gcaa.doc - ...., . , ' ~ ~, . MEMORANDUM TO: Ted Glas Purchasing Officer FROM: Don Haley Supt. of Water Treatment Plant SUBJECT: AUTO SAMPLER JUSTIFICATION TO MEMO OF FEBRUARY 6, 1992 DATE: February 18, 1992 The new lab at the Water Treatment Plant was conceived in 1986, funded by the 84 Bond; constructed and completed in November 1990. The projected work load in the lab did not include the I.P.P. program, Lead/Copper testing and D.E.R.M. ground water monitoring of Landfill and Diesel Fuel containments under wellfield protection. Our staffing of two (2) lab personnel with the additional 1/2 person (Lab Tech Sampler) for use in the lab still doesn't allow adequate time to do the work and maintain the lab certification. The latter is an absolute necessity. The Auto Sampler was not requested in the 91/92 Budget although it was discussed. Funding for this item can come out of Lab Operating Supplies, plus the Water Treatment Plant is due two (2) credits; one (1) from Perkin Elmer for $4,041. 60 and the second from Barnstead for $1,272.00. These monies did not go back into the 84 Bond, but into 441-0000-369-31.00, Miscellaneous Revenue. r "'1 \ \ \ '..,',( ~~ .-' Don Haley DH/gm cc: File: Memos from Water Treatment Plant File: a: autsam. doc .. 10.. " - - ,.. PERKIN ELMEil Suite #1 QUOTATION 400 Technology Park Lake Mary, R 32746 Phone: (407) 333-8951 To: MR. N'DETENGA N'GURUMO 407/243-7318 Quotation No: 9449/1 LABORATORY CITY OF DELRAY BEACH Page No: 1 100 N.W. 1ST AVENUE DELRAY BEACH, FL 33444 Issue Date: 01/17/92 FAX NO: 407/243-7060 Destination: USA Your Ref: From: Jam~s Wagner Phone: 305-491-4188 Our Ref: 601-1/GC/l/yAG/9449 FORT LAUDERDALE, FL 33309 Itm Qty Part-No Description Unit Total .....-- --- _...----- ---------...- Price Price ----- ....... - -- 1 1 N660-1201 Model ALS-2016 Automatic Sampler Module for LSC-2000 with capability for sixteen discrete samplers and automatic drain functions, Includes accessory card, cable for interface, and manual. SERVICE INSTALLATION REQUIRED, 9,700,00 9,700.00 2 1 N020-7236 GC-INSTALLATION 585.00 585.00 3 1 N020-8245 9 MO EXT WARRANTY-ASL2016 340,00 340.00 4 1 N660-1203 ALS-2016 25ML GLASSWARE (16) 1,390.00 1,390.00 5 16 N660-1112 25HL SAMPLE NEEDLE, 10.25"LONG 4.45 71,20 ------...--- FOB Norwalk, CT 12,086.20 ----..----- Quotation Validity : 60 Days Estimated Delivery ; 2-3 WEEKS ARO continued, . . , ,. ",', I 0- .. ?EilKIN ELMEil SUite #1 QUOTATION 400 T<<hnology Pari< Lake Mary. FL 32746 Pho~; 1407' 33348951 Quotation No: 9449/1 Page No: 2 Terms : Orders subject to credit approval, Payment due upon receipt of invoice. Terms and conditions of sales, enclosed ~D , " ,.", r " 7143 e: K<<nP8l' Rd. . "'''''.l'W.u.u. \...AJ 1. J IJx:l.l. J'y -,CCEj:>7ANCE COP~ · P 0 Bo~ 429576 . P.O. fUu: 3718~ · Cinclnnlltl. Ohlc 4sn2'Hl56 -S1317G1-OO33 .1lJlt:'~ No ;1-<:221 . . , . Cint1. OM .!iS242-9516 . T'.EJ.N. 31-oe12()9~ DUNe 07'~6&-'102~ . Tel (513) 247-7000 . II Fax (513) 247-7050 . u.......... TO Ndetenga Ngllcumo I i/28/92 I ~,;~,~~:.~~:atP ~ Xll53 City of Delray Beach ~ ' ..."",. "ro~r~. 200 Sl\ 6th St. ,ov"....-o:J'"'~D"Tk,-..-~~_'_n. ' -'-- Delray Beach, FL 33441.-2698 . 1/28/92 Net 30 Days 243-7310 I ~~m SO<IPPtN(. nn~~- "---fmlU: SHjPP'EOVIA-' __h ---.---- (4.07) t,':::k' ARO ~~n:i~ F>:e:ght G l co" (407) 243-7060 Fax ~fi~_ Bij~~,ieWl.'::'_L_~i_ncinIlati X ____ This quotation is subject to the terms and conditions of sale appearing on the revarse side hereof. :2~ii~~5B.'~: ~~~_~~;j&;rt.:;~;~:. ".:;>~;;'-;":'~~~.;\,:~~..~.:<'.>,~c~~ ..>f-~~:~~'::~~'~~~~it~::}.;,;,-:: .~~,:;';iU~fT;~~ ~~;Ji;'~'c~~:f' : ,QUAN~ ~. LV.MB~fi>" ~;'~"~~"*fI'>: .,....~1,\."~:OES,Cf:lIPWN. ",' ~~~:r' 'e"'(l'PRIC~ f~*,lJJt4!., '. t'\~~-_~~..~~~~;~~. " (~i~llh~..._~;.. .~'!: ~.\f::-"<"'."i .-..>;'.:~'~<~-:;.,_",: .,.~~.~'$&~.~~:".::"..~""~~ ,"_l~:, 'i!-:. " ~.__&., '":'~~ ':::":?~' ~'4, _._...... . '.~; ':.,.~\;~'.j,;.,..:;~. .,., . -'':~' .~"' "Jf~;_~ .'~_'~ ~. ;~,.;""'..i..... .,,' ~s. ,.... ./ . . :..;<... .,'.';' ~ ,'.'~' .w,,;.~.':1 .,;~~, .....,.,;.:.~..~:-_<:.. -.-:... ........_" -.;!"" ...-. ..~ 4: ^, .~~ .-....<. . ,~'f' ..4:<. .; ';'" '::. ...', ,......:... ~ .." '", . <:. ~~~;. ....:.... -t. ~ '''''JJ'.<'''': .!'.:,".;-. . ~ ,-. 1 14-~~62-000 Tekmar 2016 Automatic Sampler Module 8925.0C for Tekmar 2000, with capability for s;,xteen (16) discrete samplers. Includes accessory card, interface co. ble for Tekma r 2000. wstruction manual, sample valves and purge lmes for 1/2" fntted or fntless glassware. Requires glas5War~ kit cp:i.on for preper operation, 1l0V. Spa;::e requirer.lent5 15-3/8" W x 27-1/8" H x 11-5/8" D. 8 14--3021-000 Sml Fritted Sparge Glassware Kit {single (? 0 . 00 ) 560.00 position) for Tekmar 2016 and Tekn;ar 2032. Contains one each of 5ml fritted sparge glassware, 8" sample needle. sample valve nut and ferrule. 8 14-3022-000 25ml Fritted Sparge Glassware Kit (sin gle (75 . 00 ) 600.00 po~ition ) for Tekrnar 20161.od Tekmar 20:12. Contains one each of 25~1 fn cted sparge glass\liar,; , 9 1/8" sample ~,eedle. ~a mp le v:'\.lVt" nut, ;;\lIfl fprrlllf-'. 1 14-L.031-000 Sample Mount Plug Kit 9.50 OPTIONAL 1 14-3741-000 Installs. tion of Tekma r 2016 900.00 1 14-3039-000 Tekmar 2016 Limited Parts C:c,ntract cn€ year / 620.00 (To begin at expiration of 90 day warranty) -( - - fl ~\I..{. S D ) f -_.-~--.._._._. -. QUOTE VALID FOR 30 DAYS BY~L !J~'~ '- '; COHAR'" ORDER. SIGH AND RETURN WHITE ACCE~~NCED~~ptewic.L/SES ,. t<1I' . ,. Lse 2000 LIQUID SAMPLE CONCENTRATOR - Recommended for EPA Water Analysis pURGE AND TRAP SAMPLING The ",'l!lOd of choice for concentrating trace contaminants in water prior to analysis, the purgt .,1 trap technique is required by EPA methods such as 502.1, 502.2, 503.1. 524.1, 524,2 and 6u I; h{l2 for drinking and waste water analysis, Since many EPA method detection limits are in the I part per billion range, detection of trace level contaminants with a photoionization, Hall, or FI D detector requires preconcentration, The purge and trap method generally results in a 500 to 1000 fold increase in sample concen- nation and offers the added advantages of minimal sample preparation and selective extraction rf. only the volatiles from thc sample matrix., (.ve Time with Automated Operation LSC 2.-;00 AND ALS 2016 SAMPLERS The Td.i""! LSC 2000 is a microprocessor-based purge and trap sample concentrator designed to work with an appropriately configured 8000 Series GC offering an automated ')Stem for unattended, single-sample purge and trap analysis, I fur fully automated unattended processing of any combination of up to six.teen standards, \flEPLACEMENT PARTS FOR Itlnks or samples, add the Tekmar ALS 2016 Automatic Liquid Sampler-a sixteen-sample r-2 SYSTEMS m!cm designed specifically for use with the LSC 2000 Concentrator. 5 L Fritter Sparger Glassware- fti ore information on how to add a purge and trap concentrator to your GC contact your f r LSC-2 systems only E No, 0330-2664 (1 each) $71 klcal sa esQf~ce, / '~ / / SmL Sample Needle (6% in)-use iiPlACi~i\;:ENTPJlR1'S:4~SUPPLIES FOR LSC 2000 AND ALS 2016/ with 5mL sparging glassware till. Fritted Sparger Glassware- 1f:dn Teflon Ferrule (Valco) PE No, 0330-2668 $8,85 M I~~C 20()O and A LS 2016 PENo, N660-1127 $12,20 Plug Septa for Sample Line---for II No. N660-1100 (1 each) $105 5mL Sample Syringe with Luer LSC-2 sample lines "No. N660-1202 (Set of 16) $1290 Fitting (for sample valve) PENo, 0330-2667 (Oty 1) $8,85 l .... Fritted Sparger Glassware- PE No. N660-1114 $55 Sample Valve Gasket-for LSC-2 1 .. Ui(' 2000 and ALS 2016 25mL Sample Syringe with Luer sample valve "No. N660-1101 (1 each) $99 Fitting (for sample valve) PENo, 0330-2672 $6.70 "No, N660'1203 (Set of 16) $1390 I PE No, N660-1115 $175 Hydrocarbon Trap for Purge Gas-- I . SPI; ,-( Glassware for Soil OV-1/Tenax/Silica Gel/Charcoal for LSC-2 purge gas line (NOT for use as _ala :', L:J 20{)() and ALS 2016 Trap----use with Hall, Hall/p1D series sample trap) j "No, N930-1296 25mL (1 each) $77 detectors for analysis of aromatics and PE No. 0330-2666 $94 "160, N930-1297 5mL (1 each) $73 halocarbons in drinking and wastewater ! ~ "'",ple. Needle (85/ain)-use j (EPA 502,1/502,2/502,3 and 601/602) l SmL spargmg glassware PENo. N660-1254 . .. N660-1111 $4,45 I Tenax/Silica Gel Trap----may be i I ""'pie Needle (101f,dn)-use substituted for N660-1254 above when not ~Lsparging glassware analyzing for dichloroditluromethane ...... N660-1 i 12 $4,45 PENo, 0330-2665 $40 l.uer Connector for Sample Tenax Trap----use with PID for analysis of aromatics in drinking and wastewater (EPA $13,30 503,1 and 602) PENo. N660-1159 $40 TenaX/Carbopak/Carbosleve Trap NEW! 40mL EPA SAMPLE VIALS Removes excess water which in some Clear, 40mL EPA Vials-for water applications can be a problem (GCMS). sample analysis, according to EPA Can be used as a substitute for Silica/Gel standards. Open-top screw caps and $5.55 Trap (N660-1254). PTFE-faced silicon septa are available, PENo. N660-1198 $40 See vial section (pgs, 144-145) for more information, $4,45 ?E X?nESS 105 .. . Agenda Item No. : AGENDA REQUEST Date: March 04, 1992 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: March 1.1, 1992 Description of agenda item (who, what, where, how much): Bid Award - Polv-PhosDhate - Term Contract ORDIHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to low resDonsive bidder. Technical Products. Co~. at an estimated annual cost of $58,500.00 , / ~: . #< i'~~ / Department H~:d Signature~~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involvinq expenditure of funds): Funding available: ~/ NO (if a~Cable) Funding alternatives: ~~, I g Account No. & DeS~iPtion: 'fV-J S"12 2.. ~ 3b w/.s TM~- , Account Balance: "'J~ CJ,bV ~ (Cot- LS. (L"l,OC City Manager Review: Approved for agenda: ~9/ NO l"'1v 1 Hold Until: t, , Agenda Coordinator Review: Received: Action: Approved/Disapproved " M E M 0 RAN DUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager/ ~ Administrative Services FROM: Ted Glas, Purchasing Officer If DATE: March 04, 1992 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - March 11, 1992 - BID AWARD - BID #92-16 POLY-PHOSPHATE - Term Contract Item Before City Commission: The City Commission is requested to award a contract to low responsive bidder Technical Products Corp., at an estimated annual cost of $58,500. Per the Finance Department, funding is from: ( ) . Background: The Water Plant has a need of an annual contract for the chemical poly-phosphate. A total of $ was budgeted for this chemical. Bids for this contract were received on February 11, 1992 from three (3) vendors all in accordance with City purchasing procedures. (Bid #92-16. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Deputy Director of Environmental Services/Public Utilities has reviewed the bids together with the Water Plant Superintendent, and recommends award to the second low bidder, Technical Products Corp. per attached memo. (Low bidder, H.F. Scientific, I nc. , chemical analysis does not meet City specifications). Recommendation: Staff recommends award to low responsive bidder, Technical Products Corp. at an estimated annual cost of $58,500. Funding as outlined above. Attachments: Tabulation of Bids Memo from Environmental Services pc William Greenwood George Abou-Jaoude .. ., - 1"1("') OC/) I 0 (Xl --JID < 'TI XO 'TI-l 1"1 :0 Ul-l 1"1 1"1 ("'):1 I> , I> . -< Z (Xl 1"1:1 O-l H Z O. 0 :0 "01"1 1"11"1 < 0 0" 0 C -lZ , 1"1 , 0 :0 I> H-l H:1 :0 -l :0 0(fJ <1"1 -< -< , -< Z' rn-l "0 (Xl (fJ :OX 1"1 C/) ~ -<0 ~ 0 . ~ \Q \Q N l-'-l-'-* ....,::S I-i 11 ......, C') ::I:: ::I:: 11 III III ento'-"1 ~ o C') .... ......, ":l o ::s 0 III III O<l "" o en :0;- to'-.... 0 Cl- 11 0 't:l III ::s ...... en (ll (ll to'- " ::s 0 en S III Cl- l':l ,~ to'- to'-lll::S o III en III t1 ::s l"t ....,11 I I.J1 ::s III l"t to'- III N I.J1 l"t Cl- en ...., 0 . to'- . to'- 11 Cl- I.J1 ...., o n Cl-Ill 0 to'- ...., Ill'< 0 0 ( 11 en . Nto'- 0 I.J1 .... * III 0 H . .... ...., ::s 0 l"t 0 OCl- III o III 11 .... ....to'- r::f'< en III . 11 , f 'tl I-i 0 ::I::(....OO"l"t * C') 11 ......, I-i . 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H t1 I.J1 en Z ::s tl> en 00 C" -l III o C') C" N III :0 ~ tl> III III ::s I> 11 to'-.... ::s ...... ::s III 't:l 11l I 0 ("') 0. l"t ::l Z ... ::s -l 0. 0 C') o III I 0\ C') 0 ""''1 C') .- C" ~ 0 . 11l o 0. '1 I.J1 S 0 t1 III 11 0 to'- ::s 0.'< 0 0 III III :4 . III C') '1 0 .... III III "C 0 '1 ...., III C') '1 l"t 0 .... III Z 11 III 11 N 't:l 11 / - I"', .. Ow .. MEMORANDUM TO: Ted Glas Purchasing Officer THRU: George Abou-Jaoude ~ Dep. Dir. of Environmental Services/ Public Utilities SUBJECT: POLY PHOSPHATE BID #92-16 DATE: March 5, 1992 f Staff recommends Bid #92-16 for Poly Phosphate be awarded to Technical Products Corp. at .78/lb, they were second lowest bid. Low Bidder did not bid on our specifications, they came in with a formula that has an unproven track record with the City of Delray Beach (see attached). Met with the second lowest bidder, Mr. Carl Olsen of Technical Products on March 2, 1992 and reviewed the spec's to include Quality Control thru an outside lab, quarterly corrosion studies, bi-annual coupon test on lead, copper mild steel and cast iron. Shipping and handling of products, (bags) and labels. EPA and NSF approval must be in place before any shipment can be receive . ~~, ~ll J . 'n Ha ey DH/gm Att: cc: Memos to Purchasing File: Technical Products (Poly Phosphate) File: a:polyphos.doc ,. ,,<I .. .. . CITY OF DELRAY BEACH POLY PHOSPHATE - ANNUAL CONTRACT BID #92-16 DETAILED SPECIFICATIONS The City of Delray Beach is seeking a firm per pound price for the purchase of seventy-five thousand (75,000) pounds per year, of POLY PHOSPHATE. The City of Delray Beach is prepared to take two split shipments of forty thousand pounds (40,000) and thirty-five thounsand pounds (35,000) respectively. Poly Phosphate to be packaged in fifty (SO) and/or forty (40) pound, multi-walled, paper bags. The successful Bidder must submit a certificate of compliance and a certified analysis by an independent lab, with each shipment, as to the composition of their product. A copy of the package label shall also accompany your "Invitation to Bid". Each and every package shall bear the name of the product, and the company contents label. , Acceptable Brands: 1 ) Nalco No. 918 2) Shannon S-N-C Type N2 3) Vinings Chemical Vinhibitor 42 Chemical Analysis: (shall consist of the following products l.n approximately the same proportions) 1 ) STPP, Sodium Tripolyphosphate 46.7% ~ 2) TSPP, Tetrasodium Pyrophosphate 35.6% ~ 3) Na2C03, Sodium Carbonate 17.7% Surface tension should have a reading of approximately 49.2 dynes. Bidder(s) shall also indicate if the product being supplied is milled or pulverized. Both are acceptable. Bidder(s) shall indicate if l.n place of Sodium Carbonate, you use Sodium Ash. Qualified Bidder(s) shall be vendors who are manufacturers of the above named product, and are currently in the business of supplying this blend to other Water Treatment Plants. In the Reference Section of this Invitation to Bid, please indicate the name of other customers we can contact. Successful Bidder shall submit quarterly analytical reports on fou r distribution samples. These reports shall include, but not necessarily be limited to, analyzing water for PH hardness, alkalinity, Fe (and other metals if necessa ry) , ahd a complete phosphate profile. At the request of the Water Superintendent, the supplier shall also provide coupons holder, metal coupons and corrosion studies ~eml annually (twice a year). 6 .. '.'1 .. . . . . . . . II H _F ~~e~i~CI;~~] --..,-.--.. - ._.0 _._~ .__ OUC11 ./ ProCh. e anej Inousrr} FAX MESSAGE T'"' Cit ~A Delray Beach DATE: February 7. 1992 v. FROM: Willianl Lazenby FAX NUMB PAGE 1 Or: 1 SUBJECT: POlyphosphate bid Mr. Haley, The concentration level:s for CBlgon RS-2 are (25 follows: 1) STPP, Sodium Tripolyphosphate 26.3% t:JU 1 2) SHMP, Sodium Hexametaphosphate 50.0% ~ 3) Sodium Carbonate 23.5% I lilt.: (lIaill (8",:>011 Calgon utilizes SHMP rather then T3PP is that it allows for a gll1at81 I I availability of polyphosphate. When total polyphospl1ate is calculated the 918 form.)!otioll provides 61,5 % polyphosphat8 while the RS-2 provides 65.3% polyphosphat8 TSPP is actually closer to being orthophosphate than SHMP. Thereforo stability of tf,o polYJ-l1 wsptHne should be greater with RS-2. I thank you for the opportunity to participate in the bid process, Best ReQards. ( cc .1 K . hi'lt-'S , d t~(,lf:,'()i ~, J, 70 /,lETRO PARt'..WA" r'O'1T r,1YERS Fl.l.H111);J..L'" 1 "'_;..tPH~')hlr- tR l~' 1,"721 Ifj '-I"^ ~ le,;/ 3':.i2.7G.:L' -~-_. ----~------_._- ~~_...- - ----------- ---~----- -- ._--- __ ,__.,___-,v __ .~._-. '. " . Agenda I tern No, : AGENDA REQUEST Date: March 02, 1992 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: March 11, 1992 Description of agenda item (who, what, where, how much): Bid Award- Liquid Chlorine, Calcium Hypochlorite, Sodium Hypochlorite - Term Contract ORDIHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Multiple awards, per attached memo / ) / j ~1;7' ~ /. Department' Head Signature: -/~j) Lf~ Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: W NO (if a~licabl~ Funding alternatives: Account No. & Description: tj! ,~/v-Y-- ,3k 3S' I g W/.s Lt TS7>>TfOtJ 'lVAlf - Account Balan~ =c. J; I~~ C:ZSb ~{OTLS. City Manager Review: --- ,d' , Approved for agenda: {o/ / NO ~l Hold Until: '-..-/ Agenda Coordinator Review: Received: Action: Approved/Disapproved .. .. . M E M 0 RAN DUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager/ Administrative Services FROM: Ted Glas, Purchasing Officer ~~ DATE: March 02, 1992 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - March 11, 1992 - CO-OP BID AWARD - CHLORINE. CALCIUM HYPOCHLORITE. SODIUM HYPOCHLORITE Item Before City Commission: The City Commission is requested to award multiple annual contracts for chemicals to firms as listed below, at an estimated annual cost of $77,250. Per the Finance Department, funding is from: Chlorine: Calcium Hypochlorite: Sodium Hypochlorite: Background: The City of Boca Raton Purchasing Division is the lead organization for this bid. Five (5) firms submitted bids on February 19, 1992, based on estimated annual quantities of eleven (11) governmental entities. (Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. On February 24, 1992, the Palm Beach County Cooperative Purchasing Group met and voted to recommend awards to low bidders, as follows: Est. Est. Extended Item Vendor ~ Cost Cost #1 Chlorine Jones Chemicals 180 Tons $111.00 $19,980.00 #3 Calcium Allied Universal 3000 lbs. .84 2,520.00 Hypochlorite #4 Sodium Allied Universal 109,500 gal. .50 54,750.00 Hypochlorite $77,250.00 The Deputy Director of Environmental Services/Public Utilities has reviewed the bids and recommends awards as stated above. Recommendation: Staff recommends awards to low bidders, as outlined above. Funding as stated above. Attachments: Tabulation of Bids Memo from Environmental Services pc William Greenwood George Abou-Jaoude '. " ~ W l\J I-' H 8 tI:l ~ ~ co 0'1 W 10 0 co co ~ 8 -..J 0 l\J W K: 0 0 I-' . Z .{/)C '1:l I-' ~ l\J Ol Ol . 11l I-' Z R"l 0 . 11l H CIl 11l . 8 8tI:l OX 88 8 ~. ~ t-i trl ! C &; t..j . . I-' I-' .{/)C 0 8 11l \D -..J I-' Z Z H 0 11l . I-' H tI:l 0 . 8 CIl Z () Ol ::c H 8tI:l tI:l 0 OX ~ Z 88 . 0 ~. t-i . \D ~ l\J t-i I Ol' l1l' . I-' 01-' .{/)C 0 Cl1ll1l-..J CO CO I-' Z t-i w t-ioG)l1l ~ . ~ H H 0'1 ~-o- \D . 8 tI:l 11l 11l 0 t-i C H Z 10 8tI:l H C OX 0::::: H 88 . 0 ~. () t-i ::c 0::::: t"f Z ~ .{/)C ~ 0 . 0'1 ~ Ol \D 0 0 Z Z H \D . 0 H Z . 8 ~ t>:l ~ 8 t>:l 8t>:l ~ OX CIl 88 ~. t'1 C t'1~'1:lG). Z Z Z .{/)C CIl t>:lt'1~11l Ol Ol Ol Z ZCt'1o H () 8C1l - 8 ::c ~ t'1 0 ~ 8t>:l H Z OX t>:l 88 . . " MEMORANDUM TO: Ted Glas Purchasing Officer THRU: George Abou-Jaoude L?~ Dep. Dir. of Environmen al Services/ Public Utilities FROM: Don Haley Supt. Water Treatment Plant SUBJECT: AWARDING OF CONTRACT PER CO-OP BID #92-036 f Date: March 4, 1992 Please award contract for Liquid Chlorine to the lowest bidder, which is Jones Chemical. Per the City of Boca Raton co-op bid #92-036. Also, please piggyback the above mentioned bid. The cost for liquid chlorine is $111.00 per ton. These prices were approved at the Palm Beach co-op meeting, held February 24, 1992. ~~ The annual estimated cost for liquid chlorine is 22,200.00. , ~~,. The expense code for this should be 441-5 - 36-3 .18, This contract should cover the period of 3/9 through 3/93. If you have any questions regarding the above~atter, please contact Don Haley, Superintendent at 243-7318, I would like to take this opportunity to thank you for your assistance in this matter. ~~ ~J ~ Don Hiley \ DH/gm cc: File: Correspondence to Purchasing File: a:liqchlor.doc ,. I.,,, . , . . ENVIRONMENTAL SERVICES DEPARTMENT MAINTENANCE DIVISION M E M 0 RAN DUM TO: TED GLAS, PURCHASING OFFICER FROM: GEORGE ABOU-JAOUDE, DEPUTY DIRECTOR UTILITIES DATE: MARCH 4, 1992 SUBJECT: AWARDING OF CONTRACT PER CO-OP BID Please award contract for Sodium Hypochlorite and Calcium Hypochlorite to the lowest bidder, which is Allied Universal f Corporation. Per the City of Boca Raton co-op bid #92-036. Also, please piggyback the above mentioned bid. The cost for Sodium Hypochlorite is .50 per gallon and the cost of Calcium Hypochlorite is .84 per lb. These prices were approved at the Palm Beach co-op meeting, held February 24, 1992. The annual estimated cost for Sodium Hypochlorite is $54,750.00, and the estimated annual cost for Calcium Hypochlorite is $2,600. The expense code for this should be 441-5144-536-35,18. This contract should cover the period of 3/92 through 3/93. If you have any questions regarding the above matter, please contact Milton D. Willingham, Supervisor III, at 243-7306. I would like to take this opportunity to thank you for you assistance in this matter. Geor~ GA:MW:jaf File: Memos to Purchasing cc: William H. Greenwood, Director E.S.D. Robert C. Bullard, Maintenance Superintendent Sandee Mills, Admin. Ass't IV MWGA.DOC " ." " - J h~l . L' , [IT' DF DELIA' BEA[H 100 N.W. 1st AVENUE . DElRA Y BEACH, FLORIDA 33444 . 407/243,7000 MEMORANDUM TO: David T. Harden, City Manager FROM: ~obert A. Barcinski, Assistant City Manager/ Administrative Services SUBJECT: Agenda Item City Commission Meeting March 11, 1992 Lease/Purchase - Street Sweeper DATE: March 9, 1992 ACTION City Commission is requested to approve a four year lease purchase of a Johnson 600 Series (demo model) Vacuum Sweeper with an extended warranty from Florida Municipal Equipment, Inc. The agreement includes a balloon payment of $26,000 with a guaranteed buy-back of $26,000 at the end of the lease. The monthly payment will be $1,930 at 7.56% interest. Total cost with payment for the extended warranty would be $94,840. The cost for this fiscal year would be $15,710 with funding to come from the Storm Water Utility Fund account code 448-5416-538-60.89 Equipment Other. There is a balance of $57,772 in account code 448-5416-538-60.69 Improvements Other. BACKGROUND Our existing street sweeper is a 1985 FMC brush type sweeper. The expected life cycle of a street sweeper is five years. Maintenance costs and downtime on the current sweeper are exorbitant. We have a need to sweep approximately 320 curb miles per month; however, our monthly average is approximately 200 curb miles due to downtime. During the last year repairs to the sweeper, including parts and labor, cost $24,114.34. It is no longer economical to keep the existing sweeper operating. Mr. Corwin has indicated that the expected life cycle of a street sweeper is four to five years, with repair costs expected to drastically increase in the fifth year. It appears that the best cost breakdown (cost per curb mile) occurs in the fourth year. I have discussed this with Mr. Corwin and he concurs with a four or five year lease purchase arrangement. ~~.4 THE EFFORT ALWAYS MATTERS " . . LEASE PURCHASE / STREET SWEEPER AGENDA ITEM # Mr. Safford has reviewed this proposal and recommend that we attempt to outright purchase the machine for less than $98,000 with guaranteed buy-back provisions as contained in the lease purchase proposal. However, at this writing, we have not received a response from the Company. We hope to have outright purchase information available by Wednesday night's meeting. The piece of equipment is a demo model with 12,277 miles and 160 hours on the auxiliary engine. Because it is a demo, I am not recommending more than a four year lease purchase arrangement. RAB:kwg '. ., . MEMORANDUM . TO: Bob Barcinski, Assistant City Manager/Admin. Services. FROM: Richard Corwin, Deputy Director of E.S./P.W. SUBJECT: STREET SWEEPING DATE: February 26, 1992 Under optimum conditions, our street sweeping program would complete 340 curb miles per month. The FMC model vanguard 3000 was purchased in 1985 at a cost of $85,000.00 without storm inlet cleaning capabilities. Our cost to maintain this piece of equipment over the last 12 months was $24,114.34 for parts and labor and approximately $2,400.00 for fuel/lube. Total monthly cost of our street sweeping program IS $6,157.24 ~ and includes labor of $2,867.24 per month or $18.11 per curb mile providing we sweep 340 curb miles each month. The down time for the last 12 months was 52 days or 68.8 curb miles each month. This increased our curb mile cost to $22.72 per curb mile. Attached is a proposal for a demo sweeper from Municipal Supply for one Johnston Series 600 vacuum street sweeper. I recommend the amortized lease with a balloon payment with the 3 year extended warranty. This sweeper, unlike the FMC, has storm inlet cleaning capabilities. This would greatly enhance our efforts to remove debris from the storm system and permit the operator expanded capabilities to vacuum areas the sweeper cannot reach. Our cost to sweep city streets would depend on the amortization schedule we choose. A three year would be approximately $17.33 per curb mile; four year approximately $18.00 and five year would be approximately $20.41 per curb mile. Another alternative would be to contract the sweeping. That cost is $22.00 to $22.50 per curb mile or $7,480.00 to $7,650.00 per month. I do not recommend contracting this service because of the additional cost to clean inlets. The need to have an additional contractor for this service would cost the city $50.00 to $75.00 per hour. ,. .. Inlet cleaning standards state average time per inlet is 15 minutes under optimum conditions. Assuming this, it would cost $12.50 to $18.75 per inlet. My experience with inlet cleaning, however, is it takes almost a half hour per inlet because of the set-up, clean up time, disposal time, etc. As you can see the cost begins to escalate per curb mile if you include inlet cleaning by contractor. The existing FMC sweeper needs to be replaced because of the increasing maintenance costs, lack of inlet cleaning capabilities, body damage due to rust and down time. r~ C . .. .a Richard Corwin cc: David Harden, City Manager William Greenwood, Director of Environmental Services Jerry Rude, Fleet Maintenance Supervisor Mark Kilbourne, Superintendent of Streets File: Memos to Bob Barcinski, Assistant City Manager/Admin. Services. RC/lam REF: RCBBSTSW.DOC ENC: 2 .. " . . . FLORIDA f MUNICIPAL EQUIPMENT, INC. February 17, 1992 Mr. Richard Corwin Environmental Services Director City of De1ray Beach 434 South Swinton Ave. Delray Beach, Florida 33444 Re: Budqetarv Proposal for One (1) Johnston Street Sweeper Dear Mr. Corwin: Per the request of our Sales Representative, Roland Beaulieu, I am pleased to provide the information you requested with regards to the Johnston Series 600 Vacuum Street Sweeper demonstrator unit. The specification for the sweeper is a Series 600 machine with an eight (8) inch hydraulic catch basin hose. The chassis is a GMC Forward W-7 with air conditioning. At present, the chassis has \2,7.17 miles and the sweeper auxiliary engine has I leD hours. Both the chassis and sweeper carry a new machine warranty from their respective vendors. <; '<..' ,..( ~ ::r S~'b (Y'\ "'7 A. I r-l8 fYl 3 (' OG;>:3 1" For budgetary purposes, the sweeper specified is $98,955 FOB Delray Beach. Budgetary monthly lease figures for a fully amortized lease are as follows: TERM FACTOR APR PAYMENT 3 Yr. .030741 7.1% $3,041. 98 4 Yr. .023896 7.2% $2,364.63 5 Yr. .019845 7.35% $1,963.76 As an alternative to a fully amortized lease, we can offer a lease with a balloon payment at the end of the given term. The Town would make the final balloon payment to the leasing company and we in turn would offer a guaranteed buyback to coincide with that amount. The benefit to the City is lower monthly payments. The following schedule serves to illustrate this point: P.O. Box 540 Eaton Park, Florida 33840 - 0540 . (813) 665-2091 . Fax (813) 'll'''' ..UM 6b5-~ - ".,. MONTHLY BALLOON GUARANTEED TERM APR PAYMENT PAYMENT BUYBACK 3 Yt'. 1.4 $2,202 $35,000 $35.000 4 Yr. 7.56 $1,930 $26,000 $26,000 5 Yr. 7.75 $1,748 $18,000 $18,000 As mentioned earlier, the guaranteed buyback figure is structured to be exactly the same as the final balloon payment. This gives the City the right of first refusal to purChase the equipment at the end of the given term for the balloon amount. At that time, the City can either keep or dispose of the sweeper or sell it back to ourselves with no further out of pocket expense. These rates are guaranteed for equipment delivered by April 1, 1992. Thank you for the opportunity to quote for your requirements. Please don't hesitate to contact me should you have any questions. '. ,. MEMORANDUM To: Richard Corwin, Deputy Director of ES/PW From: Jerry Rude, Fleet superintende~ Subject: Street Sweeper Date: February 24, 1992 The City's street sweeper was purchased November 15, 1985 for a sum of $85,000.00. From October 3, 1988 through February 12, 1992, $54,164.27 has been spent on repairs, with labor equalling $23,806.75, and parts equalling $30,357.52. From February 4, 1991, until February 21, 1992, the street sweeper has consumed 320 gallons of fuel. Also in this same time frame, the cost of parts and labor are as follows: Parts - $14,534.09 Labor - 9,580.25 Total for 12 months- $24,114.34 Down time on the street sweeper from October 1990 through September 1991 was fifty-two (52) days. Down time from October 1991 through January 1992 was nineteen (19) days. JR/dk cc: David Harden, City Manager File: Interoffice Memos From Fleet Facility INS: .., ,. '" , (, . " DHNSTDN The First and only street sweeper to satisfy illl seven ( of your most important demands. \ ; 1\ \. I I . \~ "_.,,,~~..:- \ .)i ,'~ ... .. ~ "~,. . i\. c ~~ @ ~ -IL - . ., ...lEANER STREETS HIGHEST EFFICIENCY- CLEAN CATCH Right from the start, a Johnston 600 Series LOWEST FUEL BASINS PLUS... sweeper gives you more of what you buy CONSUMPTION a street sweeper for. . . cleaner streets. Each vacuum drive system component With an incredible suction velocity, this is, in itself, a design and manufacturing Johnston vacuums away your most achievement that contributes to a level of stubborn roadside debris including bricks, efficiency, maintenance-free operation, rocks, mountains of dirt, gravel, and and outright performance never before leaves, without a trace left on the roadway. possible. The Vacuum Nozzle (shown at top left) features a tapered opening of optimal shape which eliminates turbulence and dead spots that critically rob efficiency at high air speeds. Fan Transmission Fluid Coupling Flywheel ~ The Johnston Catch Basin Hose is a a; . flexible vacuum hose that rotates a full c g 3600 around the vehicle and gives you true . . seasonal versatility. Spring-mounted for The pneumatically controlled Vacuum . . effortless handling, the hose is ideal for '" Nozzle tilts up at the touch of a button to cleaning catch basins or vacuuming away accommodate large objects and bulky virtually anything wet or dry. from small material such as bottles, cans, etc. floods, to tons of gravel, cinders, or silt. to .e centrally located Widesweep Broom litter between parked cars. Water injected "wivels left and right, sweeping debris for dust control, the catch basin hose has toward the vacuum nozzle in operation. The Johnston Fan Transmission Fluid quick-connect extensions that stow neatlv The Johnston flotation system assures Coupling, another patented innovation, into built-in compartments on both sides positive contact with the road surface, transfers power from the auxiliary diesel of the vehicle. resulting in a clean sweep even when engine to an efficient vacuum fan impeller sweeping uneven road surfaces. via a precision fluid coupling. This eliminates belts, pulleys, clutches, drive . line slip, and maintenance, while boosting b efficiency and reliability. J ,4 ....4 ,// The Gutterbroom dislodges sediment and \I other stubborn debris and sweeps them into the path of the vacuum nozzle. An adjustment permits sweeping under Due to the design of the suction nozzle, varying curb conditions. fan impeller, and fluid coupling, a The broom features a patented lock-up Johnston 600 Series requires far less device, and a hydraulic drive system horsepower to generate each mph of which is used to rotate the broom at suction velocity than any other comparable variable speed, resulting in longer broom vacuum sweeper available today. /' fI' "(e. An adjustable coil spring provides This permits Johnston, unlike other ick-back" pressure to prevent broom manufacturers, to use a diesel auxiliary l.1amage. engine that runs at low rpm. This greatly extends service life and consumes far less fuel than any comparable system, (by as much as 40 percent). o. ., . Ob&ST MAXIMUM EASIEST MAINTENANCE, 'fOISE LEVEL RELIABILITY LONGEST WARRANTt: l1e aerodynamic designs and precision Built to withstand hard service over a long MOST RESPONSIVE lmponents that increase efficiency also life, 600 Series sweepers have rugged, SERVICE ~rve to dramatically reduce noise levels reliable components such as a fluid To help standardize fleet maintenance. )th inside and outside of the vehicle. At coupling instead of a clutch, and a gearbox 1ly 74 decibels, the 600 Series sweeper is instead of belts. Johnston offers the 600 Series on a variety Ie quietest in its class. The 600 Series sweeper fights corrosion of popular chassis including Mack. Ford. Navistar, GMC and others. ioise reducing components include: with generous use of stainless steel I Patented sound suppression package materials and components including the I Low revving diesel auxiliary engine water tank, sweeper body floor, muffler, housed within a completely sealed and rigid water lines. compartment lined with thick, The rubber-lined vacuum system resists sound-absorbing insulation abrasion three times better than steel. Aerodynamically shaped nozzles Major components to individual fasteners, Complete rubber lined vacuum system that deadens the sound of moving everything about a Johnston 600 Series is debris built to keep it going strong long after other machines are taken off the road. 'AFEST; MOST SIMPLIFIED OPERATION Maintenance-free and exceptionally ~cause repetitive tasks affect the safety . Sweeping, catch basin cleaning, and durable components reduce maintenance ld productivity of your staff (and the dumping all performed by one operator, requirements, while the centralized, ::>atment of your equipment), every one vehicle, independent of any other weatherproof, control systems locker ,pect of the 600 Series is designed with equipment or personnel provides convenient access to all )Ur (I~~"ator's convenience in mind. . Sweeper body hopper loads evenly for hydraulic, pneumatic, and water control In- ~und level of 72 decibels more useable cubic yard capacity and solenoids. provH.leS a safer environment for fewer trips to the dump site operators . 55 mph highway speeds get your ~~ One switch instantly lifts all gear for operator to work sites and dump sites intersections, ambulances, etc. quickly Short wheelbase for exceptional . Dumping controls located on the side, maneuverability not rear, protecting the operator from The mtegrity of the 600 Series sweeper is dirt and heavy debris underscored by the longest. most secure . Built-in floor gradient to increase warranty in the business: a full two dumping angle for complete emptying years - twice as long as most other without operator assistance manufacturers. . Hinged filter screens for fast, easy Should you require parts of any kind. cleaning . Automatic pickup of sweeping gear, anywhere in the United States, 48-hour when chassis is placed in reverse, shipment is guaranteed or you gg! prevents damage to major components them free. * A comprehensive national network of Authorized Dealers and Regional Sales/Service Managers receive regular training at in-house service workshops. ensuring you of a knowledgeable service staff with hands-on experience. No comparable street sweeper is more dependable than a Johnston 600 Series, but if you do encounter a problem, no other service organization can gftyou back on the road faster than the Johnston support team. o. " SPECIFICATIONS BODY All steel welded construction stainless steel tloor r Rubber lined replaceable detlector plates Dual Cab -f~.'" Controls Capacity: 8,0 cubic yards (72 useable) Integral side lockers Automatic rear door locking with - ;0 a, '" sealing access door ~- '" AUXILIARY ENGINE .. Perkins diesel 20" Gutterbroom Water cooled 4 cylinder, 244 cubic inch Suction Nozzle displacement Gross rated power: 86 hp @ 2,600 rpm Gross torque: 204 fUbs @ 1,600 rpm CENTRAL SYSTEMS LOCKER Automatic reverse pickup of s\\t't'ping Operational to 1250F ambient Heavy dutv air cleaner with precleaner All hydraulic, pneumatic and water gear and restriction indicator valves are housed within a weather- Tachometer' Hourmeter Stainless steel muftler proof locker Chassis PTO selector 26 gallon fuel capacity GUTTERBROOM Changeover right to left (dual machines Engine shutdown for low oil pressure, 20" diameter, optional 28" only) high engine temperature Hydraulically driven, variable speeds CATCH BASIN CLEANER EXHAUSTER FAN 0-140 rpm Top-mounted, 3600 operation Heavv dutv multivane fan with abrasion Automatic "kick-back" to prevent 8" diameter resistant steel vanes damage Spring compensated for load relief Dynamically balanced, 29" diameter NOZZLE (optional hydraulic controls) Fan driven via an adjustable free tluid Aluminum alloy construction Internal spray nozzle for dust control drive coupling mounted within the Lined with replaceable abrasion Internal storage for additional engine tlywheel and a "step-up" resistant rubber extensions gearbox Pneumatic tilting from cab for larger SUCTION SYSTEM Fan outlet blanks off automatically debris Intake nozzle/'ducts are lined with when body is raised Internal spray nozzles for dust control replaceable abrasion resistant rubber ''VATER SYSTEM 10" diameter nozzle hose NOISE Stainless steel construction 155 square inch area Sound suppression package for reduct'd 330 gallon capacity WIDESWEEP BROOM noise levels All rigid water lines constructed of 53" wide x 16" diameter DUAL SWEEP EQUIPMENT stainless steel Polypropylene or wire segments Diaphragm type water pump to develop Hydraulically driven at a constant speed Nozzle/gutterbroom fitted right and 55 psi, 9'/2 gpm of 180 rpm left side Spray nozzles at gutterbroom (2), Pneumatic pressure control on road Widesweep changeover right:!eft. inlets, widesweep broom (4) and in nozzle (2) surface nozzle, gutterbroom and widesweep Water supply activated automatically Cab control for raising, lowering and OPTIONAL EQUIPMENT with broom/nozzle selection pivoting (dual sweep only) A wide range of optional equipment Low water warning light in cab ELECTRIC SYSTEM exists including body size, water 12' hvdrant fill hose 12 volt, 55 amp alternator capacity, broom/nozzle specifications, 25' \\:ashdown hose Key switch for engine start/stop etc. Please consult factorv for details, HYDRAULIC SYSTEM Rear mounted strobe and back- up alarm Due to continued improvements in 20 gallon oil capacity Warning lamps for oil pressure, engine technology, we reserve the right to alter Gear-type pump off engine timing case temperature, weight load and alternator any/all of the above specifications to operate hydraulic system @ 2,200 CAB CONTROLS without prior notice. psi, 8 gpm Gutterbroom, nozzle and widesweep WARRANTY Hvdraulic pump driven off chassis operation with indicator lights Two-year, 100% parts and labor pto system to raise!!ower rear door Automatic water sprays with and body nozzle/broom selection PNEUMATIC SYSTEM Auxiliary engine start/stop Pneumatic valves activated bv cab Air oJ'erated solenoid to control engine 'JLlhnstLln's -l8-hLlur parts shipment polK\ "pphl" mounted switches activate aiI cylinders spee lmlv tLl \'ehlCles built after Januarv 1. ILJi'\O. It ",dudl" to raise and lower nozzle and Ergo master control switch for nozzle repiacement bLldies, tLlgether With ch"sSIS and widesweep broom tilting and simultaneous pickup of auxiliary engine parts whILh (In be "'l)UrCl'd tnlO1 !l)(,ll sweeping gear authorized truck chassis or Perkin";' de,ller..., The world's largest manufacturer of street sweepers, DISTRIBUTED BY: ~Jl'LORlDA M MUNICIPAL E EQUIPMENT, INC. P.O. Box 540, Eaton Park, Fl 33840 PHONE (813) 665-2091 FAX (813) 665-5946 Johnston Equipment, Inc. .2279 South ClintDn Ave" South Plainfield, NJ 07080.908-755-6100. FAX 908-755-6156 Inhn~tnn "nvirnnmpnt~1 "olliompnt Ltrt .1455 Spmpnvk Court Mississ1uoa Ontario Canada L5C 4P9. 416-277-9557. FAX 416-277-1127 o. . t . . JOHNSON STREET SWEEPER ANNUAL PER LEASE EXTENDED BALLOON VENDOR CITY STREET CURB OPTION 1 FULLY AMORTIZED LEASE COST WARRANTY PAYI1ENT REBATE COST MILES MILE COST ------------------------------------ ------------------------------------------------------------------------------ ------------------------------------ 3 YEAR 3041.9BiMO.X 36 MONTRS= 109511.28 2200.00 0.00 0.00 111711.28 4080 9.13 4 YEAR 2364.63/MO.X 4B MONTHS= 113502.24 2200.00 0.00 0.00 115702.24 4080 7.09 5 YEAR 1963.76/MO.X 60 MONTHS= 117825.60 2200.00 0.00 0.00 120025.60 4080 5.88 OPTION 2 LEASE WITH BALLOON PURCHASE ------------------------------------ ------------------------------------ 3 YEAR 2202,OO/MO. X 36 MONTHS= 79272.00 2200.00 35000.00 -35000.00 81472.00 4080 6,66 4 YEAR 1930.00/1'10. X 48 MONTHS= 92640.00 2200.00 26000.00 -26000.00 94840.00 4080 5.81 5 YEAR 1748.00/MO.X 60 MONTHS= 104880.00 2200.00 18000.00 -18000.00 107080.00 4080 5.25 RECOMI1ENDA TI ON: OPTION 2 LEASE WITH BALLOON PURCHASE (3 YEAR PERIODl SELL VEHICLE BACK TO VENDOR AT THE END OF THE THREE YEARS ACQUIRE $2,200 EXTENDED WARRANTY USE $35,000 AS DOWN PAYMENT ON NEW MACHINE DR PURCHASE MACHINE OUTRI6HT $ 98,955 (DR lESS) GET $35,000 TRADE-IN COMMITMENT ACQUIRE $2,200 EXTENDED WARRANTY '. [IT' DF DELHA' BEA[H 100 N,W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 MEMORANDUM /"' /1 TO: David T. Harden, City Manager CY\ cYJ j FROM: ~obert A. Barcinski, Assistant City Manager/ Administrative Services SUBJECT: AGENDA ITEM - STREET SWEEPER - SUPPLEMENTAL INFORMATION DATE: March II, 1992 I have been informed by Richard Corwin that he has discussed the purchase of the demo model street sweeper with Florida Municipal Equipment, Inc. The company is willing to sell the sweeper to the City for $96,000, with the guaranteed buy-back schedule under their lease purchase agreement. The guaranteed buy-back amount could be utilized toward the purchase of a new machine at the end of either three, four or five years. The savings of purchase with a trade-in after three ( 3 ) years, versus lease purchase, would be approximately $18,000. Funding could come from the Storm Water Utility Fund, or part from Storm Water Utility $56,000 and the balance from the general Capital Improvement Fund (334), according to the Finance Director. Staff recommends the purchase of the demo Johnson 600 series street sweeper in the amount of $96,000, with funding to come from the Storm Water Utility Fund account #448-5416-538-60.69 ($56,000) and the balance ($40,000) to come from the General Fund Construction account fund 334. Specific line item code to be determined by the Finance Director. The recommendation includes a guaranteed buy-back in three years. RAB:mld 8-;1.1 THE EFFORT ALWAYS MATTERS '. " . ." ". . .' , .' . .. I . . Agenda Item No.: AGENDA REQUEST Date: 03/05/92 Request to be placed on:1 xx Regular Agenda Special Agenda 'Horkshop Agenda When: 03/10/92 Description of agenda item (who, what, where, how much): Request City Commission to approve Johnson - Davis. Inc.. Belvedere Construction and W. Jackson & Sons Construction for Annual Contract for Equapment Rental and Construction crews for Emerqency Assistance by contractors, Funds will be from Water and Sewer accounts. Bid No. 92-17 Project No. 92-12 ORD~NANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval to Johnson - Davis, Inc., Belvedere Construction and W, Jackson & Sons Construction for the Annual Contract for emergency repairs. l"." Department Head Signature: tJ~~9..._~y ~I 134 Determination of Consistency with Comprehensive Plan: "1!' City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all ite~s involving expenditure of funds): t3vL'i9tr WI u... '~'E\N -h-NOJAI t:; Funding available: 11~ f2{;Qu/r~. V>OL- YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: ~ .~ ~ Approved for agenda: NO . /v ' v Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved .. ,. - M E M 0 RAN DUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager/ ~ Administrative Services FROM: Ted Glas, Purchasing Officer i// DATE: March 05, 1992 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - March 11, 1992 - BID AWARD - BID #92-17 EQUIPMENT RENTAL & CONSTRUCTION CREWS - TERM CONTRACT Item Before City Commission: The City Commission is requested to award multiple annual contracts to firms as listed below. The emergency repairs will be funded from the water and sewer funds as deemed necessary. Background: The City of Delray Beach Purchasing Division is the lead agency in a joint bid with the City of Boca Raton for the rental of heavy equipment and construction crews when repairs need to be made quickly. Bids for this work were received on February 19, 1992 from seven (7) contractors, all in accordance with City purchasing procedures. (Bid #92-17 Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Deputy Director of Environmental Services/Public Utilities has reviewed the bids with his counterpart at the City of Boca Raton, and recommends multiple awards per attached memo as follows: W. Jackson & Sons Construction Belvedere Construction Company Johnson-Davis, Inc. As work is needed, the Public Utilities Division will call these three contractors and request them to submit a total price to complete the work based on the unit prices as bid and the actual hours to complete the job. Start-up and completion time will be considered along with total price. The City Manager will approve all work over $6,000. Recommendation: Staff recommends multiple awards to bidders, as outlined above. Funding as outlined above. Attachments: Tabulation of Bids Memo from Environmental Services pc William Greenwood George Abou-Jaoude '. " . M E M 0 RAN DUM TO: David T. Harden City Manager FROM: George Abou-Jaoude Deputy Director/P.U. SUBJ: ANNUAL CONTRACT FOR EQUIPMENT RENTAL AND CONSTRUCTION CREWS FOR EMERGENCY ASSISTANCE DATE: March 5, 1992 Please find a tabulation sheet for Bid No. 92-17 for the above referenced project. The bid was opened on January 24, 1992. ~ The bid reflects three categories: 1- Equipment/Hourly Rate 2. Pipe Repair Crews/Hourly Rate 3. Paving Repair Crews/Hourly Rate The contract documents, page 5, paragraph 13, allows us to make multiple awards. After reviewing and evaluating these bids, we recommend award to: 1- JOHNSON - DAVIS, INC. 2. BELVEDERE CONSTRUCTION 3. W. JACKSON & SONS CONSTRUCTION As work is needed, Public Utilities will call and request firm pricing based on unit prices as bid and actual hours to complete the jOb. Mobilization to an emergency site will effect award to these three contractors. The repairs will be funded from the Water and Sewer funds as deemed necessary. If you have any further questions or comments, please contact me at Ext ?312. / / Geo e Deputy GA:pw cc: Memos To City Manager FILE: 92-12 E .. 1"1 . , .... .... .... .... .... .... ,j) OJ -oJ 0- (J\ .t- V. ~ ) ....;1> t H (J\ .to V. N .... 0 ." . I. I#-l rTl . rTl 00 IrTl -3: ;0 (/J ." l:I 0 D 00 Ol Ol(") ." ." ." 0 0 3: oolg 0 e H 0 ,-< fTl H D D 1>;0 ;0 ;0 r ;0 ;0 0 elH D fTl ;0 X e -olD l: ;0 0 (") (")1> 0 0 D 1> D -ol ,'''0 (/J -< ;0 m;o D ;><: ;><: ;><:l: Z Z -ol G) G) 0 rl:r (") H ,D -ol 0 I I Ir -ol -ol 00 , , ;0 OlrTl ;0 .... 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Harden City Manager FROM: Rebecca S. 0' Connor 'V Treasurer v;P THRU: Joseph M. saf~~ Director of Fin SUBJECT: Interlocal Agreement between the City and Palm Beach County DATE: March 11, 1992 The City of Delray Beach and Palm Beach County have a proposed Interlocal Agreement whereby the City agrees to pay the County the amount of $221,000 plus interest from May 15, 1991 to the present for prior claims due to and from the County. The agreement is a result of the following: 1. The City received $534,570 for a bid rigging settlement relating to the 1984 Beach Renourishment Project. The County is requesting a prorata share of the $534,570 settlement and interest earnings based upon its share of expenses for the project. The amount due the County totals $496,685. 2. The City has two offsetting claims against the County totalling $275,685. This total represents amounts owed for prior year Ad Valorem Taxes not received from the County in the amount of $58,671 and for maintenance relating to the Del-Trail Hydrant District in the amount of $217,615. These figures include interest earnings. The net result is a payment due to Palm Beach County in the amount of $221,000. RSO/sam ,. " INTERLOCAL AGREEMENT COMES NOW, Palm Beach County, a political subdivision of the State of Florida (hereinafter referred to as County) , and City of Delray Beach, a municipal corporation of the State of Florida (hereinafter referred to as City), and do hereby enter into this Agreement dated the day of , 1992, WHEREAS, the City received reimbursement of certain funds that had been expended on renourishment of the City's public beach through litigation regarding its 1984 beach renourishment project; and, WHEREAS, the County had contributed significant funds towards ~d renourishment project; and, WHEREAS, the City claims that following the annexation of certain County pockets into municipal boundaries of the City of Delray Beach pursuant to the Delray Beach Enclave Act tax collections were paid to the County for services which were provided by the City; and, WHEREAS, the City claims that the County Tax Appraiser failed to place certain properties annexed to the City on the City's tax rolls in an appropriate and timely manner; and, - WHEREAS, the City claims that it is due certain monies for the rental of fire hydrants by the former Del-Trail ) Fire District and its successor; and, ~K 1 '. '. . WHEREAS, the parties are desirous of settling their differences on the above-referenced matters in a mutually advantageous and amicable manner. NOW, THEREFORE, the Parties do agree as follows: 1- The City agrees to pay the County Two Hundred Twenty-one Thousand Dollars ($221,000.00). In addition, the City shall pay interest on said $221,000.00 from May 15, 1991 at a rate of interest equivalent to the average rate earned by the City's investments during said period. The $221,000.00 and interest shall be due and payable wi thin fifteen days of the execution of this agreement by the parties. 2. The County releases, acquits and satisfies the City from any further claim to monies derived from the litigat~ regarding the 1984 beach renourishment project. 3. The City releases, acquits and satisfies the County from any further claim it may now have with respect to enclave tax revenues. 4. The City releases, acquits and satisfies the County from any further claim it may now have for fire hydrant rentals. 5. The City and County will waive any claims they may have against the County Tax Appraiser. 6 . This Agreement shall be filed with the Office of - the Clerk of the Court in accordance with Chapter 163, Florida Statutes. 2 '. ,. . , . - 7 . This Agreement shall be executed in three counterparts, each of which shall constitute an original. IN WITNESS WHEREOF, the parties hereto do affix their signatures and seals and enter into this Agreement on the date first above written. PALM BEACH COUNTY, FLORIDA Chairman of County Commission Mayor ATTEST: Approved as to form: County ltt-t...orney CITY OF DELRAY BEACH, FLORIDA Mayor ATTEST: City Clerk Approved as to form: City Attorney - 3 '. " , ,. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~/\, SUBJECT: AGENDA ITEM :It lJA - MEETING OF MARCH 11. 1992 REPORT OF APPEALABLE LAND USE ITEMS DATE: March 6, 1992 This item is before you for acceptance of the report of decisions made by the various development related boards during the period February 22, 1992 through March 6, 1992. The following actions were considered during this reporting period: Planning and Zoning Board: -Approved minor master plan modification in conjunction with a request for internal adjustments at the Sherwood Forest development, The request involved a reduction to the side interior and rear setback from 15 feet to 11 feet and from 10 feet to six feet respectively on specific lots, Site Plan Review and Appearance Board did not consider any appealable items during this reporting period. Historic Preservation Board did not hold a regular business meeting during this reporting period. KSCX)u't::-D q..- ~.Iw 6-0 '. '.-1 " . ~~/ C I T Y COM MIS S ION DOC U MEN TAT ION TO: c=5 T. HARDEN, CITY MANAGER , &0J j ~UQCL- THRU: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING to""" ~ FROM: JASMIN ALLEN, PLANNER I SUBJECT: MEETING OF MARCH 11, 1992 REPORT OF APPEALABLE LAND USE ITEMS FEBRUARY 22, 1992 THRU MARCH 6, 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 February 22, 1992, through March 6, 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 pro v ides 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 February 22, 1992 thru March 6, 1992 Page 2 PLANNING AND ZONING BOARD MEETING OF FEBRUARY 22, 1992 l. Approved minor master plan modification in conjunction with a request for internal adjustments at the Sherwood Forest Development, located on West Atlantic Avenue, between the Hamlet Subdivision and Country Club Acres. The request involved a reduction to the side interior and rear setback from IS' to 11' and from 10' to 6' respectively on specific lots (Vote 7 to 0). No other appealable items were considered by the Planning and Zoning Board. The following items considered by the Board will be forwarded to the City Commission as separate agenda items. * Rezoning, from RM to CF and attendant conditional use request for a parking lot in conjunction with redevelopment of the Patio Shoppes (CBD). * Annexation and initial zoning of MH, Highland Trailer Park Subdivision. * LDR Amendments regarding Change in Time of In-Lieu Park Fee and Change Approval Authority for Canopies to Chief Building Official instead of the City Commission. SITE PLAN REVIEW AND APPEARANCE BOARD (SPRAB) MEETING OF MARCH 4, 1991: No appealable items were considered by the Board. However, other agenda items which required Board action include: * Approved business signs for The Quaker Factory located at 151 N.E. 5th Avenue. * Denied business signs for Abbey Road Bar & Grill, located at 710 Linton Boulevard. HISTORIC PRESERVATION BOARD (No Regular Business meeting was held during this period. RECOMMENDED ACTION: By motion, receive and file this report. Attachments: Location Map JA/#65/CCDOCM.TXT '. I,;! . " : : I : : I -, .J I '----" U I.' .~ fUMCd _ . 111111111 III II I null I .! 1 7 lr I I I l,~ = II Illl...... - RNnIIlOI _ I I I I I 1 I J I I 1 I 1 ., I I , I T \ l\ \ I :::: ~:;::....~ ;;j ~ ;;...~ ~e::: ....:;,..0:: :;::~ :;::~ ;... ;;... SHER\olOOD FOREST ;... ;...:::: :::: ;... ::::e::: f::::::: :::~~ :::: :::::;::;...:::: ~ :;,.. ~ - [... [,..:;,.. ....[;...00 1-'1,..- t::- [,..:;,.. r I ~ 1 AlUNTIC A\t:NUE V"'W'~~ 'W')(X'ttlW'''L~ 'W'~xx~ ,)(XX)liY~~ 'V -- X)(xx )()(}(~)(X'it f<.. T ..J -- 'W')(XX)( ')(X)()(X~)()I" < f: - - 'W'~xx '51)( _ - i-- )( 1)( y ~ ~ X )( X X )Ii )( X ,. '-' ~)(XXxxxX~'it~ yxYV:V:'it}()()()()(~)(' / >- '-' ~)(>C)(~X}()(~)( ~ '- ... y~~~'X')I. X :J I I 111= ~)()(~~)()(')()()(V')l.'Y FB :i I<f)In ~ ~ )( ~ )( X )( X )( ')( ')()( ~ ~ )< ~~ )(}( ")I. "lIl' "lIl' }( X )( X }()(' ~ - X~'))( ~~~^")I. )(")I.~ ~ = . ~~~~v><W"'il!~ Sc - - i-- f-oil}(}(X><)(Y~'it>C>C)C)()C}()()(}( ~ 17 ~ MK}(X~)("'il!"'il!)("'il!"'il!"'il!}(~~)c)()C II III llIIIH~ :JI~)()()()("X.x~~~~)(~V~ ~ '--1 I, Llh'Dl l- )( >< )< XX>-.. ~ )C 'it X )( )( }( )( )( )C >< E:: '" v7 r ~ ~}(><~~~ ~ ~ }(~~)CX ~'~ r \U1AJDr) ~ 'looI! '" W'1 ~) llII Il.l "'v:", IXII ~ll ^ J/" 1);.1 IJ( It ~ X}( ~"M V I - ,~ , - I ) /"'" I ~DT{u"'~R: = ~ t:J> ~ f-- ) f- - '- - l ~ /-'::; 1( "CD: ~ ~ I N "" ~ -....-1~ t: :::J~ "",-,\.f.1 ~O ~~ ~ ~~~ '$I ~ ~~ ~. unEl I '/Ii:;' fj I ~ " ,.j ,. . . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER :'''-';,j - SUBJECT: AGENDA ITEM i 98 - MEETING OF MARCH 11, 1992 APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION DATE: March 6, 1992 At the February 25, 1992 regular meeting, Dr. Alperin raised an appeal of the Site Plan Review and Appearance Board's decision to approve the site plan for The Groves of Delray. In addition, we have received letters of appeal from 82 separate property owners and from the Woods of Southridge Homeowners Association, The Groves of Delray site is located north of Linton Boulevard, east of S.W. 10th Avenue extended, south of S.W, 11th Street and west of S,W, 8th Avenue. The parcel is approximately 13,23 acres in area. The site plan approved by the Site Plan Review and Appearance Board on February 19th is designed to accommodate the needs of senior citizens. This project is to be financed through the State Tax Credit Program and S,A.I.L, program. This will result in imposition of rentals to residents of 55 years of age "and better" , In addition, a condition of the Site Plan Appearance and Review Board decision is that a deed restriction be recorded to the effect that the development is for senior citizens only. A detailed staff report is attached as backup material for this item. p(Yitp6r~ to 3jc;J41cr ~ ~ K ~(j t e.-u.) rvdd (~OIII+1 I ().foemr:rnon ct- hnLJs nppll~(! r pCOu1DG- (}:JCu-fn cr1<7+T?Gn ~ D~ RLsrefe-17otU - J ~ ;;L UoYE-- .. . '. ~ ~7 . . . . C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER ~~~ J<-~ ~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF MARCH 11, 1992 APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD APPROVAL OF THE SITE PLAN FOR "THE GROVES OF DELRAY" ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of considerinq an appeal of a site plan approval action made by SPRAB at its meeting of February 19, 1992. The appeal was raised by Commissioner Alperin with a focus upon overall aspects of the project and its likely demographic composition. In addition, appeals have been raised by letters filed by 82 separate property owners and by the Woods of Southridge Homeowners Association. The project is "The Groves of Delray". It is located north and west of The Woods of Southridge subdivision and will take access off Linton via an extension of SW 10th Avenue. BACKGROUND: The Groves of Delray has had a long and controversial history. The most recent City Commission consideration was denial of a site plan on November 4, 1990 citing conflicts with Comprehensive Plan policies which dealt with racial balance in the nearby schools. Please refer to SPRAB staff report of January 8, 1992, for a full recounting of this proposed project's history. The site plan approved by SPRAB on February 19th is designed to accommodate the needs of senior citizens. The project is to be financed through the State Tax Credit Program and the S.A.I.L. Program. This will result in imposition of rentals to residents of 55 years of age "and better" . A similar project is in operation in Boynton Beach. It is called Boynton Bay. An advertisement for that already constructed project is attached. It appears that tax credit and resulting "low income unit set aside" is at the crux of community concerns. A copy of the .. . . , ' City Commission Documentation Meeting of March 11, 1992 Appeal of Site Plan Review and Appearance Board Approval of the Site Plan for "The Groves of Delray" Page 2 funding assistance applications is available in the Planning Department file. In addition, a condition of the SPRAB approval is that a deed restriction be recorded to the effect that the development is for senior citizens only. CRITIQUE OF APPEAL ITEMS: Attached is a copy of the form letter used by individual property owners and a copy of the letter from the Woods of Southridge Association. Following are comments as to each of the items raised as an item of concern. Standardized Appeal Letter: 1. The approval of the Basic Site Plan would lead to a development which is incompatible with its surrounding community. A finding of compatibility was made by SPRAB. Basis for the finding is found on page 9 of its January 8th staff report and elsewhere throughout that staff report. 2. The approval of the subject Site Plan would lead to the development of a large scale adult community in contravention of the Comprehensive Plan Use Plan of the City of Delray Beach. A determination that this is not the case was made by SPRAB as they made a finding that the proposal was consistent with the Comprehensive Plan. A basis for the finding is located on page 8 of the January 8th staff report. Also, the referenced policy provides that "large scale adult communities" should be "discouraged" but does not require that they be prohibited. 3. The development of the subject property would result in economic destabilization of the Woods of Southridge. The access to The Woods of Southridge and to The Groves of Delray are both off of Linton Boulevard but at different locations. There is a wall separator between the two developments. There are no provisions for traffic or pedestrian interconnections. Given that there is no direct, physical connection between the two subdivisions and given the proposed architectural and building locations, there is not a basis for making the above claim. ,. . . City Commission Documentation Meeting of March 11, 1992 Appeal of Site Plan Review and Appearance Board Approval of the Site Plan for "The Groves of Delray" Page 3 Homeowners Association Appeal Letter: 4 . The approval of the Basic Site Plan fails to adequately provide for a transition between the current Bessie Street Townhomes project and the Woods of Southridge (i.e. multiple family to single family with no buffer). In response to concerns, SPRAB required that a CBS wall be constructed along the common boundary between the Bessie Townhomes and the Woods of Southridge except for that area where a driveway will exist. There has been on-going consideration of whether or not Bessie Townhomes should take access through the Woods of Southridge or through The Groves. The decision rests with the City. In viewing all alternatives, the decision to go through the Woods of Southridge is appropriate. 5. The Basic Site Plan, as approved, is incompatible with the Woods of Southridge. See response to item #1- To accommodate concerns raised when SPRAB first viewed this site plan (January 8th) , the project was modified to locate single story structures, instead of two story structures, adjacent to the Woods of Southridge; and, to provide a "solid" tree line along the common boundary. 3. The Groves ot Delray, if developed pursuant to the above referenced Basic Site Plan, would result in the decline in property values of the homes within the Woods of Southridge. See response to item #3. SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION: SPRAB formally reviewed this item at its meeting of January 8th, 1992, and again on February 19th at which time approval, subject to conditions was gLanted. The Board considered testimony from the public and from the Association prior to taking its action. Additional conditions were imposed. The Board made appropriate findings as a part of its action. .. . . City Commission Documentation Meeting of March 11, 1992 Appeal of Site Plan Review and Appearance Board Approval of the Site Plan for "The Groves of Delray" Page 4 RECOMMENDED ACTION: Either take no action, thus allowing the decision of the Site Plan and Review Board to stand; or, by motion, affirm the action of SPRAB. Attachments: - Memo from the City Clerk listing aggrieved citizens and their appeal letter - Letter from the Woods of Southridge Association - SPRAB staff report of February 19, 1992 - SPRAB staff report of January 8, 1992 T:CCGROVES.DOC " . '--;'~ --- -~~:..~ ' . ,"''''' ~,.,.~ ",_ 'O!":',j, -,.'t, . ',' ~__. 'W..-". ,". . ~ .'t; , ' . 4' ,...,.1.~....... -." '. 68 . ".' " '., ?/'<~, -' . ~ ..' \'~. ", ,I : . ~ ! 1 j J . ".J I " I I , . t. ' , . j : . \ \. . iC I . '<..'~:\f I " '.J i \ :~j"!' '. , , ,,, ,- ...... '. :.,,', (I .'''' (: , . . i. ..' . ''C-; "~" , , .':t""'-,_v~J,t~.\ '.tt:~..f" . .1< c., ,;~~ i:' " ..: I .. Affordable IUXJl:ry'fQrSemors'~l ; .. I I, .',. '''l,~",~) ".,'4.-'it. '., ",..; ... ~ . '" N......',f ,~~,'1 I, ~, '~...~-:i. ,~-":.;'.:;,.J, -''''",::/~1>~ - ,.' _~~- "_..... . "t.'.... f'...." 't!' l .' 'L' Until now most senior citizens have been 'priced,out'Of the DeWly'built rental retirement': '. I communities offering quality programs.eervicee-l'and'luxurioua ameniti... But Boynton Bay' I. Apartments, an affordable community designed for active lemon. is well under construction with '1 . residents already moving in. It is located near the Inf,raooastal waterway in Boynton Beach. '1' Florida Affordable Housing. Inc.. a non-profil~ corporation. has struetured an iMOvative 1 financing program which allows Boynlon Bay 10 offer lower rerlts. starting at 5439. and a long list . I of amenities: favorable financing provided by the Florida Housing Finance Agency under its SAn. ; . Program, a low interest loan from Palm Beach Counly. a grant from the City of Boynton Beach and . < ! equity money from purchasers of the tax credits the Swc of Rorida allocated to the development. .. . !. Boynton Bay is a completely enclosed community with a 24-hour gatehousc attendant. For -"1 ~ ' additional secu~ty and safety. residents J.1ave ~ option of monitored security al~ systems and , j. . emergency medical call button systems m their apartments. 'The modcm. unfurnished apanment . . homes include generous bedroom areas with large walk-in closets, gounnet kitchens and ceramic tiled baths. · The community center at Boynton Bay will be the focal point of activities and programs tailored i , to meet the needs and desires ofthe residents. A free noon meal will be served daily in the community . \ .,\ center. Activities will include Bingo and card games. arts and CTafts lessons. and group outings and i . . ' dancing. to name a few. Speakers will visit to cover topics such as nutrition. wellness. financial and J · estate planning. social security and Medicare. Medical personnel will offer blood pressure teSting, . I cholesterol testing and vision and hearing checks for the residents. I ! Transportation for medical appointments. shopping. and errands will be provided for seniors by ( , Mae Volen. For relaxation there is a sundeck. billiards table. a library. crafts room and gardenina. '. Boynton Bay offers tOOay's fitness minded senior a full menu of options. The fitness center is ,; .; fully equipped with an eight station weight machine. exercise bikes and a treadmill. Low impact / ~: aerobics and fitness lessons are available. Residents can swim laps or try aquasize classes in the ;: swimming pool and then relax in the whirlpool spa. For the tennis buff there are two lighted couns :; and instruction is available. There are also three shuffleboard coun.s. ' . .: The lifestyle of Boynton Bay frees the residents from the headache of home ownership and the ;. high taxes and maintenance costs that go with iL There are no exorbitant entry fees. just an affordable :: monthly rent. Housekeeping. laundry. in-home health care. meals and other resident requested , :: services are offered for additional freedom. ;: Because of the unique i~terests of the many agencies involved. the rental program restricts the :: income of households. and the rents. as follows: ;" '. '. ; '; Persons Minimum Maximum RENTS ' . in Households Income Income 1 Bedroom From $439 -- ~: I $ I 1.000 $18,300 2 Bedrooms From $479. , ~ 2 12.500 20.880 3 Bedrooms From $599 1 These maximum household income Iimias apply only at the time an apartment home is initially . occupied. and thereafter only the rent rate is limited. The income limits and rents are adjusted annually , in accordance with changes in the median income for Palm Beach County. . ; CA~0407:364:7600 BeYNTON i 1_~OO_d~7 _ 1 ~ll\ L..(~"'\I R A V /!l:.~ J"" '''''4'~~ M E M 0 RAN DUM ~((I,9 1/ · '. '*.: , , -j j, ri"l4'G . -"<, 4<0, TO: David J. Kovacs, Director of Planning & Zoning .q~G FROM: Alison MacGregor Harty, City ClerkG1n\. SUBJECT: Appeal of SPRAB Site Plan Approval - The Groves of Delray DATE: March 2, 1992 On Tuesday, February 25, 1992, I received the attached letter of appeal regarding SPRAB's approval of the site plan for The Groves of Delray from Ms. Sandra Allan, 2553 Bessie Street, Delray Beach. At the Commission's regular meeting that evening, Dr. Alperin appealed the matter and it is scheduled to be heard on March 11, 1992. On Friday, February 28, 1992, I received thirty-five (35) additional letters of appeal in this same regard. Today (Monday, March 2, 1992) , another forty-five (45) appeal letters were submitted. In all cases, the letter form of the appeal is the same as Ms. Allan's. The names and addresses (as best I can verify) are as follows: Daniel T. Carpenter Diane Wunderlich 2378 Zeder Avenue 15881 S.W. 8th Avenue Delray Beach 33444 Delray Beach 33444 (701 E. Commercial Blvd. Ft. Lauderdale 33334) Earl Shinder Dan D. & Janet Rush 2532 Bessie Street 2552 Bessie Street Delray Beach 33444 Delray Beach 33444 Donald & Jane Dubisky Osted A. McFarlane 2550 Ella Street 2461 Bessie Street Delray Beach 33444 Delray Beach 33444 Wilfred L. & Damienne Aissi Hollis Ann Hoops 2560 Bessie Street 2542 Bessie Street Delray Beach 33444 Delray Beach 33444 Shirley Avampato Gloria Kushner 2424 Southridge Road 2531 Southridge Road Delray Beach 33444 Delray Beach 33444 David Rodin Brian R. Deegan 2541 Southridge Road 2474 Douglass Avenue Delray Beach 33444 Delray Beach 33444 " To: David J. Kovacs/Appeal Letters - The Groves March 2, 1992 - Page 2 Veronica M. Perry Roger L. Brown 2470 Douglass Avenue 2378 Zeder Avenue Delray Beach 33444 Delray Beach 33444 (701 E. Commercial Blvd. Ft. Lauderdale 33334) Camille J. Haner Robert Deegan 2429 Zeder Avenue 2423 Zeder Avenue Delray Beach 33444 Delray Beach 33444 Matt Kaltenbach Harriet L. Shillinger 15764 S.W. 8th Avenue 2496 Douglass Avenue Delray Beach 33444 Delray Beach 33444 Jonathan Todd Claudia Vining 2448 Douglass Avenue 2425 Southridge Road Delray Beach 33444 Delray Beach 33444 Robert E. Carroll, Jr. Frantz LaFontant 2432 Southridge Road 2395 Zeder Avenue Delray Beach 33444 Delray Beach 33444 Robert E. Wunderlich Phyllis G. West 2445 Southridge Road 2402 Zeder Avenue Delray Beach 33444 Delray Beach 33444 William D'Addio William & Pamela D'Addio 2457 Sundy Avenue 2413 Southridge Road Delray Beach 33444 Delray Beach 33444 Judith L. Koslow Conrad & JoeAnn Gielinski 2528 Ella Street 2552 Ella Street Delray Beach 33444 Delray Beach 33444 John & Victoria Maxwell Dave Hamm 2522 Bessie Street 2579 Bessie Street Delray Beach 33444 Delray Beach 33444 David E. Guzy Edward J. Guzy 2577 Bessie Street 2581 Bessie Street Delray Beach 33444 Delray Beach 33444 David A. Stern Ronald & Susan McTighe 2482 Douglass Avenue 2542 Ella Street Delray Beach 33444 Delray Beach 33444 Richard McGloin 2450 Sundy Avenue Delray Beach 33444 '. To: David J. Kovacs/Appeal Letters - The Groves March 2, 1992 - Page 3 Appeal letters from the following received March 2, 1992: David A. Stern David B. Monst 2482 Douglass Avenue 2389 Zeder Avenue Delray Beach 33444 Delray Beach 33444 Eleanor Murphy Diane T. Pounders 2472 Southridge Road 2464 Southridge Road Delray Beach 33444 Delray Beach 33444 David J. Sidorko Tim Rustan 2420 Southridge Road 2452 Southridge Road Delray Beach 33444 Delray Beach 33444 Michael Rosenberg Louis Geraci 2459 Southridge Road 2458 Southridge Road Delray Beach 33444 Delray Beach 33444 Michael D. Goldman Andrea Anidky 2408 Zeder Avenue 2478 Southridge Road Delray Beach 33444 Delray Beach 33444 Philip & Christine Salome Craig & Cynthia Kruempel 2415 Zeder Avenue 684 Sundy Avenue Delray Beach 33444 Delray Beach 33444 Dana Pusateri Margie Y. Garland 2435 Zeder Avenue 15871 S. W. 8th Avenue Delray Beach 33444 Delray Beach 33444 Barry Susskind Sandra R. Kessler 15891 S.W. 8th Avenue 2522 Ella Street Delray Beach 33444 Delray Beach 33444 Louis & Dorothy Flora Virginia Taylor FarIa 2532 Sundy Avenue 2488 Douglass Avenue Delray Beach 33444 Delray Beach 33444 James J. St. Clair Robert S. & Nicole L. Alo 2514 Bessie Street 2541 Bessie Street Delray Beach 33444 Delray Beach 33444 Richard C. Comisso Patrick & Dorothy Carroll 2462 Sundy Avenue 2551 Sundy Avenue Delray Beach 33444 Delray Beach 33444 Jose A. & Amelia Matias Helen L. Carson 2463 Sundy Avenue 2470 Sundy Avenue Delray Beach 33444 Delray Beach 33444 Joan V. Perry Paul W. DeCarolis 2429 Sundy Avenue 2409 Sundy Avenue Delray Beach 33444 Delray Beach 33444 " To: David J. Kovacs/Appeal Letters - The Groves March 2, 1992 - Page 4 David B. Deuenbacher Bruce & Cynthia Guercio 2533 Bessie Street 2488 Sundy Avenue Delray Beach 33444 Delray Beach 33444 Michael Jakob Robert E. Kennedy Jr. 2523 Bessie Street 2496 Sundy Avenue Delray Beach 33444 Delray Beach 33444 John R. Cahorshak Francisco Martinez 2403 Zeder Avenue 2515 Bessie Street Delray Beach 33444 Delray Beach 33444 Arthur Tolendini Michele H. Brown 2549 Southridge Road 2385 Zeder Avenue Delray Beach 33444 Delray Beach 33444 C. Norman Briggs Else Dzikowski 15915 S.W. 8th Avenue 2425 Sundy Avenue Delray Beach 33444 Delray Beach 33444 Rita A. Kingen Edward/Margaret Pastucha 2443 Sundy Avenue 2417 Sundy Avenue Delray Beach 33444 Delray Beach 33444 John W. McAlister Mark W. & Gail Vlasek 2473 Southridge Road 2414 Zeder Avenue Delray Beach 33444 Delray Beach 33444 Daniel T. Carpenter Debra C. Dalsbo 2384 Zeder Avenue 2456 Sundy Avenue Delray Beach 33444 Delray Beach 33444 (701 E. Commercial Blvd. Ft. Lauderdale 33334) Judi W. Bucci Cheryl Cody 2514 Ella Street 2377 Zeder Avenue Delray Beach 33444 Delray Beach 33444 Jean-Louis Faber 2433 Southridge Road Delray Beach 33444 I!.. E.l!.. ~/ U €.O 813/9~ - ,~o,em fJppE#f !earn cc: City Manager o EIMnl1 114~ImRI1 City Attorney t!J475 Suno'i ItuEnUlf:- (/ndiuidt.ur//'-f ) /J/So trcCr.iuW 3/3/9;2 f/JE- f}!I~!Jw iljJj:J9lL- l.eom 71J E- woods I of Sou.;!tJe,d9E- l!omEOWf)te$ IJ 55 o (YI1-/lo/) ~ () ERa flR S H;;#m1tfJ I fJefS/c/ &lV- '. - , RECE\VED ~:,5 fin c2/rJ5/9~ I' v-1m CllY CLERK ! Allilon Hardy, City Clerk City of Oelray Beach 100 N. W. lit Avenue Delray Beach, FL 33444 Re. Appeal of SPRAB Balic site Plan Approval, lIhe Grovel of Oelray Oear Madam Clerk. Plea.e be advi.ed that the under.iqned i. the owner of real property located at ~55-3 BessiE. s.t. t)EL.eAv 8~~. . lIhe .ubject property i. directly impacted by the propo.ed development of The Grove. of Oelray and I am therefore an aqqrieved party. An appeal i. hereby reque.ted to the City commi..ion of the City of Oelray Beach with re.pect to the approval of the Ba.ic Site Plan for The Grove. by the Sit Plan Review and Appearance Board purluant to their action taken at the February 19, 1992 meetinq. The ;round. for the lubject appeal are al follow.. 1. lIhe approval of the Ba.ic Site Plan would lead to a development which il incompatible with it. .urroundin; community. 2. lIhe approval of the .ubject Site Plan would lead to the development of a larqe .cale adult community in contravention of the Comprehen.ive Land U.e Plan of the City of Oelray Beach. 3. The development of the .ubject project would re.ult in economic deltabilization of the Wood. of Southrid;e. sincerely, ~~ Name ~$3 8.J2((j~& Addre.. f1,~~~ R. 334--'+'+ '. ~ RECE\VED 3/.3/9;)- C\lY CLERK Allison Hardy, City Clerk City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Appeal of SPRAB Basic Site Plan Approval, The Groves of Delray Dear Madam Clerk: Please be advised that the undersigned Homeowners Association is directly impacted by the proposed development of The Groves of Delray. The Woods of Southridge Homeowners Association, Inc., hereby requests an appeal to the City Commission of the City of Delray Beach of the approval of the Basic Site Plan for The Groves by the Site Plan Review and Appearance Board which action was taken at the February 19, 1992 SPRAB meeting. The basis for the appeal is upon the following grounds: 1. The approval of the Basic Site Plan fails to adequately provide for a transition between the current Bessie Street Townhomes project and the Woods of South ridge (Le. multi- family to single family with no buffer), 2. The Basic Site Plan, as approved, is incompatible with the Woods of Southridge. 3. The Groves of Delray, if developed pursuant to the above referred to Basic Site Plan, would result in the decline in property values of the homes within the Woods of Southridge, Sincerel y, THE WOODS OF SOUTHRIDGE Db~ ,. SITE PLAN REVIEW AND APPEARANCE BOARD TO: PLANNING AND ZONING BOARD CITY OF DELRAY BEACH FROM: JANET MEEKS, PLANNER II - SUBJECT: AGENDA ITEM V.A REGULAR MEETING OF FEBRUARY 19, ''i ,-"". CC" ~.",... . ,,- r"\ 1992 RECONSIDERATION FOR A BASIC SITE PLAN APPROVAL i.." ~,' '.': : ::_~_ l,.,.l FOR THE GROVES OF DELRAY, ITEM TABLED FROM THE JANUARY 8TH MEETING. r~;~ ; 9 :';~}2 S',) .~, 0 I T E M B E FOR E THE BOA R D: t hAts The item before the Board is that of approval of a basic site plan for the Groves of Delray. The subject property is located north of Linton Boulevard, east of S.W. 10th Avenue extended, south of S.W. 11th Street and west of S.W. 8th Avenue, and contains approximately 13.23 acres. BACKGROUND: At its meeting of January 8, 1992, this item was before the Board for a basic site plan approval. The developer requested that final action on the site plan be deferred, in order to resolve some outstanding issues with the Woods of Southridge Homeowners Association. The issues involved the following: * That the 6 lots in the rezoning process be incorporated into the site plan and that 8th Avenue be abandoned. * That the buildings backing up to the Woods of Southridge be designed as one-story buildings instead of two-story buildings. * That the proposed wall along the Woods of Southridge be 8' instead of 6' along with additional landscape material to help buffer the project. * That the Bessie Townhome access be finalized in a manner which is agreeable to all parties. * That a deed restriction be recorded concurrent with the plat restricting the use to an elderly housing development to include an age restriction. At its meeting of February 11, 1992, the City Commission approved the rezoning for the 6 lots upon the second reading of Ordinance 88-91 along with a final boundary plat for those lots. '. SPRAB Staff Rep - . Basic Site Plan Groves of Delray Page 2 For additional background on the project refer to the attached staff report f or the Groves of Delray. The basic site plan is back before -the Board for final approval. The issues mentioned above are discussed in the following paragraphs. PRO J E C T A N A L Y S I S: Incorporation of rezoned lots and its effect on the site plan: The site plan which is now before the Board, incorporates the rezoned lots situated along the eastern property line. The previous proposal was for 144 units, the new proposal includes 158 units. With the incorporation of the additional land, a density of 12 units per acre has been maintained. The current unit mix and building types is ase follows: Total 1 Bedrm 2 Bedrm 3 Bedrm Units/Bldqs Bldg A (2-Story) 8 8 0 16 x7Bldg = 112 Bldg B (2-Story) 0 8 8 16 xlBldg = 16 Bldg C (I-Story) 8 0 0 8 x3B1dg = 24 Bldg 0 (I-Story 6 0 0 6 xlBldg = 6 TOTAL: 158 One-Story Buildings: The current site plan has the same basic layout of the previous site plan. However, the 2-story buildings, along the east and south property line (adjacent to the Woods of Southridge), have been replaced with four I-story buildings. The balance of the site plan remains the same. Wall/Landscape Buffer: The current site plan indicates that a 6' wall be maintained along the Woods of Southridge property line. Also proposed are trees to be installed at 14 ' height, approximately 25' on center for that portion which abuts Woods of Southridge. At the last meeting the Woods of Southridge requested that the wall be increased to 8' in height, which is allowable by code. The applicant is maintaining a 6' wall as he contends that an 8' wall would be too oppressive. Also, a heavy landscape buffer has been provided. .. SPRAB Staff Rep '- . Basic Site Plan Groves of Delray Page 3 Bessie Townhome Access: The issue for Bessie Townhome access has been an ongoing one throughout tl1e history of the Groves site plan (see attached staff report f or more information, page 8) . At the meeting of January 8th, the Board heard public testimony from both parties. The Woods of Southridge suggested that the Bessie Townhomes could take access through their subdivision, if they would join the Homeowners Association to help off-set the cost to maintain the streets. Bessie Townhomes owners were intersted, however, they needed more information on such things as association fees prior to making a final decision. To date, there still does not seem to be a consensus regarding this issue. The plans still indicate that Bessie Townhomes would take access through the Woods of Southridge. Per the plat of the Woods of Southridge, the streets are dedicated to the public. Dedication of streets to the public and maintenance of these streets are two different issues. The City did not assume maintenance responsibilities for the streets when the development was annexed into the city, due to the substandard conditions. However, this does not prohibit the public from utilizing their street system. Upon public testimony, the Board will need to make the ultimate decision on the access issue. Deed Restriction: At the January 8th meeting, the applicant acknowledged that a senior housing development guarantee could be imposed by providing a deed restriction. It would be appropriate to have the deed restriction recorded at the same time the plat is recorded. TECHNICAL ITEMS: While the revised site plan has accommodated most of the staff concerns the following items still remain outstanding: 1. Between Buildings 2-3 and 11-12 setbacks shall be 27' not 22' . It appears in both cases that the site plan can be adjusted to accommodate the additional 5'. 2. The proposed wall along Strickland is in conflict with utility lines. Change plans accordingly. 3. The wall along 10th has been moved back to accommodate a right-turn lane. However, is not indicated as such on the site plan. Shade the area to be reserved. 4. Provide a picture of proposed street light. This item will need to be reviewed with the full site plan submission. ,. SPRAB Staff Rep ... . Basic Site Plan Groves of Delray Page 4 5. Pursuant to 4.6.16(H)(3)(a) a hedge or wall shall be placed along tl)e interior perimeter of the landscape strip that separates a parking lot or other vehicular use area from the adjacent right-of-way. The landscape strip shall be 5' . The proposed wall/fences shown along 10th, 11th and strickland are shown 3' from the property line. The wall/fence shall be relocated to accommodate the 5' landscape strip. 6 . All technical items listed in the attached staff report which pertain to engineering will need to be addressed with the final engineering submission. ASS E S MEN T AND CON C L U S ION S The revised site plan has the same basic layout as before. However, it incorporates the rezoned lots, for an additional 14 units ( 1 building) . With the additional acreage, I-story buildings replaced 2-story buildings which buffers the impact on the adjacent neighborhood. Also, a 6' wall and heavy landscaping has been provided. It appears that the only outstanding issue remains with the Bessie Townhome access. Through the public meeting process, the Board will have to weigh what is appropriate as to whether or not the 6 units take access through a secured rental community or take access through a public dedicated street system. ALTERNATIVE ACTIONS: 1. Continue with direction and concurrence. 2. Approve the basic site plan based on appropriate findings and subject to conditions. 3. Deny the basic site plan based upon the failure to make a positive findings with regard to Site Plan Standard 3.3.3(G) which deals with the provision for a more balanced demographic mix. RE COM MEN D E D ACT ION: Approve the basic site plan based upon positive findings pursuant to Section 3.1.1 (Required Findings), Section 3.3.3 (Standards for Site Plan Actions) and Section 2.4.5(F)(5) (Compatibility) for the Groves of Delray, subject to the following conditions and waivers: '. SPRAB Staff Rep - . Basic Site Plan Groves of Delray Page 5 Waivers: 1- Approve the waiver request to reduce the right-of-way width from 60' to 50' for S. W. 10th Street and S.W. 11th Street and; approve the reduction in right-of-way width from 60' to 45' for Strickland Road and Strickland Road extended. 2. Approve the waiver request to provide sidewalks along one side of the street for S. W. 10th Avenue and S. W. 11th Street and Strickland Road. 3 . Deny the Request to eliminate the sidewalks along Strickland Road Extended. However, approve the provision of sidewalks along one side only. 4. There is no provision in the code for this Board to waive the requirement to provide 1/2 the cost of construction for S. W. 10th Avenue north of the entrance to S.W. 11th and 1/2 the cost of construction of S.W. 11th Street. The Board may make a recommendation regarding this request to the City Commission. Conditions: 1- That the applicant acknowledges his understanding of the infrastructure requirements and responsibilities (as identified in the attached staff report) as they pertain to: * 10th Avenue improvements; * signalization improvements; * Strickland Road; * bonding for future improvements to S.W. 10th Avenue and S.W. 11th Street; * accommodation of ultimate project entry improvements (right turn lane and 2nd lane out); * sewer lift station upgrades; * off-site storm drain extension; * off-site water main extensions from Germantown Road. 2. That a plat be submitted concurrent with the full site plan submission to include the items listed under the Platting section of the attached staff report. ." ,. SPRAB Staff Rep Basic Site Plan Groves of Delray Page 5.1 3. The Boards disposition on the Bessie Townhome access. -6 to. ~ -ft,. r V- . .~ / . J. 4 ~...;.J. o.J ' ,- ;. - ~ 1"L '-' . cA C'~.J /:..t;j,'" ). c~ ;..... t ~.""""'';0 ~'\:. t'/~ ~_(t,..,:,. ~ C'._ \ -J...':"'" :-... ::rc, ~'- \ ..... \ . i \".."''-_...l_ 4 . The provision 0 an easement to provide ~ right turn lane into the project for when the extension of S.W. 10th Avenue is extended. A cash bond will be required for the improvements. However, would be released in a reasonable time if the extension of S.W. 10th is not improved. 6. That a full site plan be submitted addressing Technical items 1 - 6 prior to the full site plan submission. 7 . That a deed be recorded concurrent with plat restricting the development to senior housing only. "..'.... " 8. That the final landscape plan incorporate the buffer ,y .~":' v ........- treatment as submitted for the east and south property . 'l S' ) !~~,:s_'Jw-=-~i5fl;a!)\~;'__~'~~~~~?~'~H'?;CSO~E~~~;, r~~~Vl\~?n;. ~~~:~ "I,~~",. "r . ".J " .- ~ -(~ \ ~ .. i <1 ' L.' :)( -+0 t'!_ 1~'<-)ct..d . ''--'. ~/\-.: \, ?nyO~ c.l\D<.....,- II" L y'\ CJL lv bL ~{ ;, '~x '. _C -;"j . ,- .. - - 0'.J~'? (AtIJ"A... ro I , ~;~ 0+ 'PVOP~y......j ) r'" '~ ' J - , \'" '\~ 1'-.- \ () . --", .j ..4 ::' ' , :"-/"',1, -=--~.l:_J ~.. ,. .- Lc . ~Wi-:':\( ~t\.r C-/.~ (/4~~ -1, h~ ! JM/GROVES1.DOC '. ~~ I t= t-" LA I\; He v It:. VV Af\JU AfJPE:ARANCE BOARlt CITY OF DELRAY __..EACH --- \ _.. A F F REPORT --- MEETING DATE: January 8, 1992 AGENDA ITEM: V.A. ITEM: The Groves of Delray Basic Site Plan & EleYations 1lJ-' , I LL..Lrl . ., S.W. 10TH ST/lLLT UIIillu GENERAL DATA: .. l I ~ :1 ~.. Ii Owner......"...."......,...,The Groves Joint Venture I: Agent. . . , . , , . , . . , . , , . . . , . , . , . . Roger C, Boos : Location..........,....,...,..On the south side of S.W. 11th Street, between S,W, 8th Avenue and S,W, 10th Avenue, I I . Property Size".,.""" ' . , . , . 12.09 Acres i I City Land Use Plan.,...,...., ,Medium Density 5-12 du\a.:re City Zoning.,..,........ ,...,RM (Multi-Family Residential) nc GROWl _ Adjacent Zoning.".,",. ",..North: RI-A (Single Family Residential) and CF (Community FacLlities) Bl.l East: RI-A South: RM West: AC (Automotive Commercial) , R1-A , POC (Planned Offi,:e Center) Existing Land Use,.".,. ,.".Vacant Proposed Land Use,...... ."..,Nine Building Retirement Development, 144 units, L2 u/a, ,__ Water Service.,..",.." .",.Please see Utility Map ftUAtIl _ Sewer Service.,.,.""" ..,..Please see Utility Map. LINTON N - -.-- -.- - - - " ITEM BEFORE THE BOARD: The item before the Board is that of approval of a basic site plan, for the Groves of Delray. The subject property is located north of Linton Boulevard, east of S.W. 10th Avenue extended, south of S.W. 11th Street and west of S.W. 8th Avenue, and contains approximately 12.09 acres. BACKGROUND: The site has an extensive development history which is outlined in the July 17, 1989 and October 15, 1990 staff reports for the Groves of Delray site and development plan request. Those reports are available upon request from the Planning and Zoning Department. A summary of the more recent history is outlined in the following paragraphs. The City received a formal submittal for The Groves of Delray in September 1990 for a low income housing development. The site plan functional worked, and addressed most of the previous concerns in regard to site planning issues. However, the site plan was denied at the November 4, 1990 City Commission meeting, on a basis that Low-Income Housing in this neighborhood would create a racial imbalance in the public school systems [Land Use Element - Objective D-1 ] . Also, the inability to make a positive finding to Standard J (Section 173.867 "Standards for Evaluating Site and Development Plan Applications), which states that the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The previously approved site plan was granted a site plan extension at the December 4, 1990 City Commission meeting, which is valid till January 25, 1992. The Current submittal is considered a new site plan under the current LDRS instead of a major modification to the previously approved site plan, due to the lack of ability to vest the project (Le. 25% of the required improvements) prior to January 25, 1992. The current site and development plan submittal for the Groves (submitted on October 23rd, 1991) involves 144 rental units, designed for low-income senior citizen housing. The submittal was adequate for review and no major problems were identified with Comprehensive Plan Policies. However, there were numerous outstanding technical comments and code compliance items which needed to be addressed. In the interim, a petition was submitted to rezone six lots from the Woods of Southridge Subdivision to be incorporated into the Groves site and development plans. At its meeting of November 18, 1991, the Planning and Zoning Board approved the request to rezone six (6 ) single family lots from R-1A to RM. It was .. SPRAB Staff Repor' The Groves of Delr~y Basic Site Plan Page 2 declared by the applicant that upon consummation of the rezoning, he would seek abandonment of S. W. 8th Avenue between this property and -The Groves, and then combine the property for an expansion of the Groves. That potential modification is not a part of the current petition. (The site plan showing the incorporation of those lots has been provided in your packet for reference. ) In order to proceed with the Groves site and development plan, it was suggested that the October submittal be processed as a basic site plan while the rezoning was consummated. Also, it would allow some of the more significant issues associated with the Groves to be resolved prior to a full submission which would include the rezoned lots. Those issues include the following: * The resolution of the Bessie Townhome access. This item was an issue in previous submittals. However, no written documentation has been received which verifies Woods of Southridge agreeing to the Bessie Townhomes taking access through their development. * The provision of additional information in regards to the tax credit program and guarantees that the project would remain as a senior citizens community. * The confirmation that the appropriate right-of-way exist for S.W. 10th Avenue. * The resolution of the road system in the northeast corner of the site. * The conformation of the water and sewer routing and the requirements for upgrading the lift stations downstream. The plans were revised on December 18th for a basic site plan and for addressing the above items. That submittal is the basis of this review. DEVELOPMENT PROPOSAL: The current development proposal is to construct 144 rental units to be located in 9-two story buildings. The general layout is one in which the units are located towards the interior of the site with the parking to the perimeter along the property lines. The main entrance is located off of S.W. 10th Avenue with a 24' ingress lane and a 24' egress lane divided by a median where a guardhouse is located. A secondary emergency access is provided at Bessie Street with a knox-box and gate. The development is totally surrounded with a 6'wall or chain-link fence creating a " SPRAB Staff Report The Groves of Delr~~ Basic Site Plan Page 3 secured community. The boundary immediately adjacent to existing homes in the Woods of Southridge is bordered with the 6'CBS wall. The amenity package includes a recreation building with a maintenance facility, managers office, laundry facility, pool, shuffleboard courts and a tennis court. There are a Building Type A's. Proposed Building A contains one and two bedroom units. There is 1 Building B which contains tow and tree bedrooms for a total of 64-one bedroom units, 72-two bedroom units and a-three bedroom units. SITE PLAN ANALYSIS: Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to the following our areas: Future Land Use Map: (The use structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation.) The Zoning designation for the proposed development is RM (Medium Density Multi-family Residential) which is consistent with Medium Density designation on the Future land Use Map. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service as established within the Comprehensive Plan. For sewer and water, concurrency shall mean that direct connection to a functioning municipal system is made. For streets(traffic), drainage, open space (parks), and solid waste concurrency shall be determined by the following): * the improvement is in place prior to issuance of the occupancy permit; * the improvement is bonded, as part of the subdivision improvements agreement or similar instrument, and there is a schedule of completion in the bonding agreement; * the improvement is part of a governmental capital improvement budget; it has been designed; and a contract for installation has been solicited. ,. SPRAB staff Report The Groves of Delra~ Basic Site Plan Page 4 Water: Water service - is provided via an 8" main extension from an existing 10" water main located along the east side of Germantown Road. The system then provides for an internal loop system within the northern portion of the site. The main then extends southerly, with connections to an existing 6" water main at Ella Street and an existing 8" water main at Bill Wallace Dodge. Nine fire hydrants are proposed throughout the site to provide for adequate fire suppression. Sewer: Sewer Service will be provided via a gravity system which flows into an existing lift station at the east edge of the development south of Bessie Townhomes. There has been identified a need to upgrade the on-site lift station and the next lift station downstream to accommodate the sewage flows from this development. The lift station located adjacent to the Bessie Townhomes needs to be deeded to the City as a separate parcel at the time of platting. Also, ingress/egress rights to the City for maintenance purposes. Drainage: Drainage is proposed via inverted crown of road and catch basins connected to a storm sewer system which is ultimately connected to the City's system at Linton Boulevard. It will be the responsibility of the Groves to construct the storm sewer from the subject property to Linton Boulevard. Streets and Traffic: Pursuant to Palm Beach County Traffic Performance Ordinance #90-40, residential development east of 1-95 is exempt from its provisions. However, there street system improvements which must be accommodated. These are discussed in the following paragraphs. * The Extension of S.W. 10th Avenue to S.W. 11th Street: One item issue in regard to traffic involves the extension of S.W. 10th Avenue from Linton Boulevard to S.W. 11 Street. A right-of-way for S.W. 10th Avenue does not exist north of Linton to the Groves south property line. The Groves will provide 1/2 of the right-of-way. The applicant has provided a letter from Bill Wallace stating that they would dedicate the 25' for the other half of the right-of-way for the extension of S. W. 10th Avenue. At time of platting, an actual deed for the right-of-way must be provide. " 'SPRAB Staff Report Basic Site Plan The Groves of Delra} Page 5 The Groves will provide the extension of S.W. 10th Avenue to its entrance at which point a "T" turnaround is proposed for a terminus. At this time, it is not necessary to extend 10th to S.W. 11th Street as 11th is unimproved. However, pursuant to Section 5.3.1(E)(2) it is the developer's responsibility to provide one-half the cost of improvements for the balance of lOth and for that portion of S.W. 11th Street that abuts the subject property. It is also noted that right turn lanes will be required into this project when and if S.W. 10th Street is extended. The final site plan submission should show this ultimate condition. Also a financial guarantee will be required for the turn lane. However, it would be appropriate to release the guarantee if the extension of lOth is not built within a reasonable (7 year) time frame. * S. W. 8th Avenue: One-half the cost of improvements to S.W. 8th Avenue is the responsibility of the developer. Of course, this requirement will be void if the rezoning is consummated, and 8th Avenue is abandoned. * Strickland Road: Five feet of dedication has been provided on Strickland Road for a total of 45' of right-of-way. Within the right-of-way, a 5' sidewalk has been accommodated on the west side of the street. The current proposal is to extend Strickland easterly to connect with S.W. 8th Avenue. 'The applicant is requesting a reduction in right-of-way to 35' and is making no provision for sidewalks. Pursuant to Section 5.3.1(D) the minimum right-of-way for a local street is 60' . The City Engineer would support a reduction in right-of-way to 45'. At a minimum, 45' would be required to provide travel lanes, drainage and a sidewalk on one side. It appears that the site plan can be adjusted to accommodate the additional 10' of required right-of-way. * Traffic Siqna1: The developer will be responsible for the cost of the modification to the traffic signal at the intersection of S.W. 10th and Linton Boulevard. The modification is needed to accommodate the conversion from a three way to a full intersection. .. SPRAB Staff Repor The Groves of DelL~y Basic Site Plan Page 6 * Sidewalks: Pursuant to Section 6.1.3, sidewalks are generally required on both sides of all streets. The applican~ is proposing to install sidewalks only on one side, adjacent to the subject property, for S.W. 10th Avenue, S. w. 11th Street and Strickland Road with a waiver to the requirement on the opposite side of the street and a waiver for all sidewalk requirements on Strickland Road extended. Pursuant to Section 6.3.1(D)(b), where it is clear that the sidewalk system will not serve its intended purpose, the requirement for sidewalks on both sides of a street may be reduced to installation of a sidewalk along only one side of the street. The Board through the site planning process may grant a waiver if it deems the waiver is appropriate. Parks: Open Space Standards in terms of park area are accommodated in this portion of the community. Pursuant to Section 2.4.3(K)(4)(a), an in-lieu Park Dedication Fee of $500.00 will be assessed for each residential unit. Solid Waste: The volumes of solid waste will be less than is a standard development due to the higher incidence of one and two bedroom units. Thus our LOS of 7.2/lb/day will be readily accommodated. Solid waste will be accommodated by dumpsters located throughout the site. Also, recycling bins are shown adjacent to the dumpsters. Consistency: Pursuant to Section 3.3.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.3.3 (Standards for Site Plan Actions) along with compliance to Section 2.4.5(F)(5)(General Compatibility and Harmony with Adjacent Properties) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making of a finding of overall consistency. The applicable performance standards of Section 3.3.3 and other policies which apply are as follows: Standards for Site Plan Action: A) Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. (Traffic Element C-l.2) This project meets the above criteria. " SPRAB Staff Repor The Groves of Delruy Basic Site Plan Page 7 B) Appropriate separation of travelways is made for vehicles, bicycles, and pedestrians in a manner consistent with objective 0-1 of the Traffic Element, The proposed separation of pedestrian access and vehicle access provide consistency with this standard. C) This standard deals with appropriate use of Open Space. The proposed project meets this standard. Usable open space is provided between the units. Sidewalks connect the spaces to a gazebo for passive recreation. D) That any street widening associated with the development shall not be detrimental upon desired character and cohesiveness of affected residential areas. (Housing Element A-6.1) In this instance, most of the streets adjacent to the project are unimproved. The dedications of additional rights-of-way are required to provide access to the site and shall not be detrimental to the character of the residential areas. E) Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. (H C-2.4) (CM C-3.1) The subject property is located in a predominately residential area. This multi-family development creates a buffer between the commercially zoned property to the west and the single family subdivision to the east. There is no access between this project and the adjacent SF residences. Care has been taken to keep multi-story units away from adjacent houses. F) Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. (LU A-l) Similar to the above standard, this standard continues to provide that vacant land be developed to fulfill remaining land use need. The stated goal of this project is to provide an "affordable" housing product. Such a need remains in the City as our public efforts provide a wide range of housing, especially to families with limitations on income. The proposed is for residents of age 55 and greater. This need is not specifically addressed by City programs. SPRAB Staff Repor The Groves of DelL~Y Basic Site Plan Page 8 G) In order to provide for more balanced demographic mix the development of "large scale" adult orientated communities" on the rema1ning vacant land is discouraged. The key words in the standard is "large scale". It would be appropriate to determine that a 144 unit multi-family development does not constitute large scale. The provision of a senior citizens community located at the edge of a revitalization and rehabilitation (as designated on the Residential Neighborhood Categorization Map), helps to create a more stabilized neighborhood. OTHER ITEMS: Bessie Townhome Access and Parking Lot: The six townhouse units located west of Bessie Street are owned fee simple. These six units were part of a proposed 46 townhouse development (Linton Forest) approved in September 1982, when the property was in the County. The original developer only finished 6 units before defaulting on the mortgage. The development upon completion, would have had access from S.W. 10th Avenue. Interim access was provided to the six units via Bessie Street to the east, thus utilizing the road system in the Woods of Southridge. With the development of the Groves, this ingress/egress easement will be abandoned. Access can be taken from Bessie Street or the developer has indicated that the townhouses can take access through the Groves site. The Bessie Townhomes would like access from Bessie Street. However, the Woods of Southridge prefer that they take access through the Groves. There have been numerous discussions in regard to this issue. However, it has never been resolved. Upon public testimony, the Board will need to make the ultimate decision for the Bessie Townhome access. The Bessie Townhomes currently utilize existing parking developed as part of the common area of the now defunct Linton Forest development. As the bank foreclosed on the balance of Linton Forest Development including this common area, the existing parking area is owned by the Groves of Delray. The Groves will provide the required 15 parking spaces needed for the Bessie Townhomes, upgrade the parking lot and install the required landscaping. This parcel of land will be deeded to the Bessie Townhomes at the time of platting, thus no longer being a part of the Groves. Tax Credit Program: There has been some concern regarding the tax credit program for the Groves and what that program provides for. The applicant has provided documentation which states "that they will be required to execute a Land Use Restriction Agreement which will require an elderly set aside in perpetuity, which Agreement will be recorded and will run with the land." " ,SPRAB Staff Repor-' The Groves of Delray Basic Site Plan Page 9 Plat: The subject property will be required to be replatted for the following reasons: 1. The replat of Linton Forest. 2 . The dedication of 25' along S. W . lOth Avenue and S. W . 11th Street. 3. The dedication of 5' along Strickland Road 4. The dedication of 45' for Strickland Road Extension. S. The abandonment of existing ingress/egress easement from the Linton Forest plat through the subject property. 6. The property being utilized for the Bessie Townhome parking lot will need to be deeded from the Groves to the Homeowners. 7 . The dedication of land to the City for the lift station located within the Linton Forest Plat. 8. The provision of utility easements (water, sewer, drainage) throughout. Compliance with Land Development Regulations: Whenever an item (finding) is identified in the LDRS it shall specifically be addressed by the body taking final action on a land development application/request, Such items are found in Section 2.4.5, and special regulations found within individual zoning districts. Pursuant to Section 2.4.S(F)(5), in addition to provisions of Chapter Three, the approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. Compatibility with the surrounding neighborhood was a concern in the previous submittals due to type of development proposed. As discussed in earlier in the report a senior citizens development will help to provide for stability in the area. A multi-family development is a good transition and buffer between the proposed commercial development to the west and the single family to the north, east and south. Buffering via the perimeter walls and required landscaping help to mitigate impacts of the project to surrounding land uses. SPRAB Staff Repor The Groves of Del1~y Basic Site Plan Page 10 TECHNICAL ITEMS: While the rev-ised site plan has accommodated most of the staff concerns the following items remain outstanding: 1. Remove all "DO NOT ENTER" signs (R5-1) from the project plans. Remove all "DIRECTION OF TRAFFIC" arrows. The only arrows shown over the pavement should be pavement marking arrows and those indicating drainage flow. 2. Revise striping plans on Sheet 6 of 8 per City Standards. 3. The right-of-way line shown on sheet 6 of 8 for the N. W. corner of the S.W. 10th Avenue/Linton Boulevard intersection does not match that given by the survey. Revise plans accordingly. 4. Sidewalk ramps are required for all curbed intersections per FOOT Standards. 5. T-hentWG--~ft--.turrr lanes --shown--at the proj'ectuexi t--must--be remD.lled,---.as they.._merge intO--- one southbound land on.. S. W. 1Oth-.-- Reduc&.--lana-toa one lane exit and r9ser-'.la___the ulUmate-right--turnn lane for future co-nst.rUGt.io.n-~. Also.., provide reservation for ~ight turn lane into the project for f-ut~e--construe-tion. fYovd('--.\ 0(\ (Qev',,>,l ,Ilbl"~,,\ :l-\C ~~ 6. Clarify the inbound lanes to the project and how the sec-uri ty gate works-. Is there a key entrance for residence and.--GRe----for questr----lt would appear that an additional i:-s-land--:i:-s---required--to house the key bo-x. J'.cc; '..o..(d " ;-:-:.~, _:-""(, 7:.,'( / ':. -) _~ c..... I '~.' ,,'2..... 7. All roadway center line curves are to be fully dimensioned. Also fully dimension all pavement radii. 8. Clearly indicate on the plans (sheet 2 of 8) where curbs are proposed. All curbs must start/stop with an FDOT transitional section. 9. Indicate cross-section type on all parking areas. 10. Detail proposed culvert crossing at walkways. 11. For all drainage structures indicate invert elevations, complete structure table. (Sheet 4 of 8) 12. Legends are incomplete on site plan and Paving and Drainage plans. 13. Provide profile of all utility conflicts. 14. No sanitary laterals are to connect directly to manholes. " -SPRAB Staff Repor' The Groves of Del~QY Basic Site Plan Page 11 15. Modify site plan to include a 10' dedication for Strickland Read extension. -: 7' -- ,. ~-'-'b ~'c' _ 'l.' (o;:..-;i'~ 16. No walls are to be constructed over utili ties. Conflicts occur at S.W. 10th and 11th. The wall proposed along Strickland Road is located on top of a utility line for the length of the property. Revise plans accordingly. 17. Provide control structure at catch basin #8. REVIEW BY OTHERS: The developments proposal is not in a geographic area requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Authority), or the CRA (Community Redevelopment Agency). Special notice has been given to ASSESSMENT: It appears that with the current submittal, all the technical site planning issues have been resolved and the site plan functionally works. The items which were of a main concern with this submittal i.e. the tax credit program, the access along S.W. 10th to Linton Boulevard, the surrounding road system and utility routing have been resolved. Through the public hearing process, the Bessie Street townhome access should be resolved. Once the rezoning is consummated for the six additional lots, a final site plan will be submitted along with landscape plans for final approval. A plat will be required to be filed concurrent with the final site plan submission. The plat will clean-up the outstanding issues identified in this report. ALTERNATIVE ACTIONS: 1. Continue with direction. 2. Approve the basic site plan based on appropriate findings and subject to conditions. 3. Deny the basic site plan based upon the failure to make a positive findings in regard to Site Plan Standard 3.3.3(G) which deals with the provision for a more balanced demographic mix. SPRAB Staff Repor The Groves of Delray Basic Site Plan Page 12 RECOMMENDED ACTION: Approve the basic site plan based upon positive findings pursuant to Section 3.1.1 (Required Findings and Section 3.3.3 (Standards for Site Plan Actions) for the Groves of Delray, subject to the following conditions and waivers: Waivers: 1. Approve the waiver request to reduce the right-of-way width from 60' to 50' for S. W. 10th Street and s.w. 11th Street and; approve the reduction in right-of-way width from 60' to 45' for Strickland Road and Strickland Road extended. 2. Approve the waiver request to provide sidewalks along one side of the street for s.w. 10th Avenue and s.w. 11th street and Strickland Road. 3. Deny the Request to eliminate the sidewalks along Strickland Road Extended. However, approve the provision of sidewalks along one side. 4. There is no provision in the code for this Board to waive the requirement to provide 1/2 the cost of construction for s.w. 10th Avenue north of the entrance to S.W. 11th and 1/2 the cost of construction of s.w. 11th Street. The Board may recommend to approve or deny the request to the City Commission. Conditions: 1. That the applicant acknowledges his understanding of the infrastructure requirements and responsibilities (as identified in this report) as they pertain to: * 10th Avenue improvements; * signalization improvements; * Strickland Road; * bonding for future improvements to s.w. 10th Avenue and s.w. 11th Street; * accommodation of ultimate project entry improvements (right turn lane and 2nd lane out); * sewer lift station upgrades; * off-site storm drain extension; * off-site water main extensions for Germantown Road. 2. That a plat be submitted with the full site plan submission to include the items listed under the Platting section of this report. 3. That the Woods of Southridge, Bessie Townhomes and the Groves Developer provide a written statement as to their agreeance to Bessie Townhomes access. ,. SPRAB Staff Repor' The Groves of DelraY Basic Site Plan Page 13 4. The provision of a easement to provide a right turn lane into the project for when the extension of S.W. 10th Avenue is extended. A cash bond will be required for the improvements. However, would be released in a reasonable time if the extension of S.W. 10th is not improved. 5. Modify the site plan to include a 10' dedication for Strickland Road extension. 6. That a full site plan be submitted addressing Technical items 1 - 17. JM/GROVES1.DOC " .' - ,. - / - . -. " I' !sl - ; , \ I \ ~ l .i 7 :: J7'-f :=- r :z: ,; CIlm-: ; 00" , 0 ~ ~ 1Il:a ~ ,- co ,:.....- . ~< "'m .. 'J. . 5cn '. "0 - -" - "'0' "i I .. J7'11 ~ , c m , r- . :a . , ~ , -< . I I 310.61' ::.. ::;0: ::E:;::-:-;'; -- " -r " . ,. ~... . . . . , '<("::. ., '.',. I; .' _' ~ I 3 '" ." ~. . . ; : i I f & 12 gi~1 I . ~ ~ - ~,.... I.' I ~ . .. . .t'~!!. . 0 ~~~~~ 0 .g: ~: ;:;; f . 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':::~~fJ;1f~~ =" -- - 1..') 1< j; .. ....... ..--...~ -- ... ..... i' " ~\ ~a / '4-......J PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: ALL DEPARTMENT HEADS FROM: GREG LUTTRELL ~ TRAFFIC ENGINEER RE: CHANGE IN ROAD JURISDICTION DATE: AUGUST 14, 1992 At the meeting of March 11, 1992, the City Commission passed a resolution requesting jurisdiction over certain County Roads. On May 26, 1992, the Board of County Commissioners approved this resolution transferring the following County Roads to the City's jurisdiction: SWINTON AVENUE - Within City Limits OLD DIXIE HIGHWAY - Linton Boulevard to S.E. 10th Street - U.S. #1 to North City Limits GERMANTOWN ROAD - Congress Avenue to west City Limits WALLACE DRIVE - Linton Boulevard to S.W. 10th Street GEORGE BUSH BOULEVARD - U. S. #1 to A-1-A (Excluding Intracoastal Bridge) N.E. 2ND AVENUE/SEACREST BOULEVARD - George Bush Boulevard to north City Limits N.E. 22ND STREET - Swinton to N.E. 2nd Avenue/Seacrest Boulevard This transfer in road jurisdiction means that the City is now the responsible agency for all purposes (permitting, right-of-way requirements, maintenance, etc.). GL/leh - GL!,4!DEPTHEAD " ,I MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERtw;~ SUBJECT: AGENDA ITEM i CJ c.. - MEETING OF MARCH 11. 1992 AMENDMENT TO INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY REGARDING STREET MAINTENANCE RESPONSIBILITIES DATE: March 6, 1992 This item is before you to approve an amendment to the interlocal agreement with Palm Beach County with regard to street maintenance responsibilities, This amendment gives the City maintenance responsibility and jurisdiction over the following roads: -Swinton Avenue within the City limits -Wallace Drive from Linton Boulevard to S,W. 10th Street -Germantown Road from Congress to the west City limits -Old Dixie Highway from Linton Boulevard to S,E. 10th Street -Old Dixie Highway from U.S, 1 to north City limits -N,E. 8th Street from U.S, 1 to A-1-A (excluding Intracoastal Bridge) -N.E. 2nd Avenue from N,E, 8th Street to north City limits -N.E, 22nd Street from Swinton Avenue to N,E. 2nd Avenue The County is currently processing a Countywide Resolution to address the remainder of street within the municipal limits which remain under County jurisdiction. Unless covered by a separate agreement, this resolution will release those streets. Once the County resolution is passed, staff will begin evaluating the affected streets and subsequently, provide recommendations relative to maintenance responsibility. Recommend approval of an amendment to the interlocal agreement with Palm Beach County regarding street maintenance responsibility. .. ,. . . . . . PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: DAVID T. HARDEN CITY MANAGER FROM: GREG LUTTRELL ~ TRAFFIC ENGINEER RE: TRANSFER OF ROADWAY JURISDICTION REVISED DRAFT RESOLUTION DATE: MARCH 11, 1992 We have received comments concerning the draft Resolution constituting "this first amendment to the Intergovernmental Agreement" . Written comments were received from the City Attorney's Office (attached) and during a phone discussion, County comments were received from Mr. Charlie Walker, Acting Assistant County Engineer. These comments have been included in the revised draft Resolution attached. Please review this revised draft Resolution and provide to the City Commission as a replacement of the previous draft Resolution. y( ( DJK/GL/leh . . l'~~" ;}("v",.1 Attachments ~( cv jJ W'~ cc: David J. Kovacs L. ,,\, ?{J \\Y"D ~~ Jt...~~ City Attorney ~ C J.. ~ ~~' sr 6vv ~ .L \,. ~' 1P \i,,1'" \y "Iv' \ V ~ d-- ~\~ GL/A:#2/RESOL ~ ~ ,,,' " , . . FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH, FLORIDA WHEREBY PALM BEACH COUNTY WILL PROVIDE CERTAIN TRAFFIC ENGINEERING SERVICES TO THE CITY THIS FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT, made and entered into the day of , 1992 by and between Palm Beach County, a pOlitical subdivision of the State of Florida (hereinafter referred to as "COUNTY"), and the City of Delray Beach, a municipal corporation existing under the laws of the State of Florida, (hereinafter referred to as the "CITY"). WIT N E SSE T H : WHEREAS, the "CITY" and the "COUNTY" entered into that certain 1ntergovernmental Agreement dated March 24, 1987 (the "AGREEMENT" ) , concerning the provision of certain traffic engineering services to the "CITY" from the "COUNTY" and the transfer of certain traffic control jurisdiction to the "COUNTY" from the "CITY"; and WHEREAS, in a Resolution 79-91 dated the 8th of October. 1991, ':he "CITY" has requested the transfer of maintenance function and jurisdiction from the "COUNTY" to the "CITY" for Old Dixie Highway within the "CITY"; and WHEREAS, in a Resolution 86-91 dated the 29th day of October, 1991, the "CITY" has requested the transfer of maintenance function and jurisdiction from the "COUNTY" to the "CITY" for Swinton Avenue within the "CITY"; and WHEREAS, other Roads detailed in the "AGREEMENT" within the "CITY", but currently under "COUNTY" maintenance and jurisdiction, are more appropriately "CITY" streets; and WHEREAS, previous action of the "COUNTY" by Resolution R-89-190S transferred maintenance, responsibility and jurisdiction to the "CITY" from the "COUNTY" for Germantown Road from S.W, 10th Street to Linton Boulevard; and WHEREAS, previous action of the "COUNTY" by Resolution R-90-476 transferred maintenance responsibility and jurisdiction to the "CITY" from the "COUNTY" for N.E, 8th Street from Swinton Avenue to the Intracoastal Bridge (excluding Intracoastal Bridge) and N. E. 8th from ~ntracoastal Bridge to SR A-1A (excluding Intracoastal Bridge); and WHEREAS, it is the intent of the parties hereto that this Resolution shall clarify maintenance responsibility and jurisdiction for roads contained in the "AGREEMENT", NOW THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1. The recitations set forth hereinabove are true, accurate and correct, and are incorporated herein, 2. The Intergovernmental Agreement transferring certain traffic engineering services da ted March 24, 1987, attached hereto, is hereby modified to remove the following roadways from Section 2. These roadways shall become City Streets for the purposes of maintenance responsibility and jurisdiction and shall no longer be considered County Roadways. -~---_. - ..~ - ~ - ..---- --------- ------- --------- -~----~ I .. " . . . ROAD LIMITS S'tJinton Avenue Within City Limits Wallace Drive Linton Boulevard to S,W. 10th Street Germantown Road Congress Avenue to West City Limits Old Dixie Highway Linton Boulevard to S,E. 10th Street Old Dixie Highway U.S.l to North City Limits N.E. 8th Street U.S,l to A-l-A (Excluding Intracoastal Bridge) N.E. 2nd Avenue N.E, 8th Street to North City Limits N.E. 22nd Street Swinton Avenue to N,E. 2nd Avenue 3- The Intergovernmental Agreement transferring certain traffic engineering services dated March 24, 1987. attached hereto, and made a part hereof by reference. is hereby modified by the removal of Section 2 from the listing of roadways and intersections and replacing it by the following: 2. ROADWAYS AND INTERSECTIONS AFFECTED The transfer of functions and duties described in Section 1 above, shall apply to all signalized intersections within City limits, and the following roadways: ROAD ~IMITS (a) Linton Boulevard Within City Limits (bl Congress Avenue Within City Limits (c) Lake Ida Road/N.E, 4th Street West City Limits to V.S.l (N.E. 6th Avenue) Id) Barwick Road Within City Limits Ie) Old Dixie Highway Linton Boulevard to South City Limits (f) Military Trail Within City Limits (g) N.E, 8th Street Intracoastal Bridge IN WITNESS WHEREOF, the parties hereunto have executed this Agreement on the dates set forth below. ATTEST: CITY OF DELRAY BEACH, FLORIDA BY: BY: City Clerk Mayor BY: City Attorney ATTEST: PALM BEACH COUNTY, FLORIDA Milton T, Bauer, Clerk ITS BOARD OF COUNTY COMMISSIONERS BY: BY: Deputy Clerk Chair 2 --._----- - -'---"---~._~-~-~- -_.~--_.__._- --- --- ,. I , . . . [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE ::;Ij ,,".\ 1" ,\\'L.';[ E . DELi,,\), ilL,CH. FLORIDA 33..-U F:\CS~\ilLE ~~,.; 2"7';-~--:'5~ Wr~t_r'. D~r_ct ~~n_ (407) 243-7090 MEMORANDUM Date: March 9, 1992 To: Greg Luttrell, Traffic Engineer From: David N. Tolces, Assistant City Attorne~ Subject: Transfer of Roadway Jurisdiction Our File No. 01-92.002 I have reviewed the proposed amendment to the Intergovernmental Agreement Between Palm Beach County and the City of Delray Beach for traffic engineering services. There are only two changes I would suggest: 1- Add the words "within the City limits" following the word "intersections" in Section 2 on Page 2 of the amendment. 2. Add the following paragraph: 3. All the terms and conditions of the Intergovern- mental Agreement of March 24, 1987 not in conflict with the aforementioned conditions of this amendment remain in full force and effect. If you have any additional questions, please call. DNT: sh cc: David Kovacs, Director of Planning & Zoning roadway.dnt JW;Cf.n1\EID) MAR 10 1992 PLANNING & ZONING ~ . 't 1..1 ., . , I Approved as to form and legal sufficiency: BY: County Attorney 3 -~---- ----~-- ---..-----------------.-- -- -~_._-- --- I " " . . ')/, /'1 ~/J C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER D~ \L~~ ~ J FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF MARCH 11, 1992 AMENDMENT TO INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY REGARDING STREET MAINTENANCE RESPONSIBILITIES ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the first amendment to an inter local agreement with Palm Beach County. The agreement first entered in 1987 dealt with responsibilities for traffic control and engineering services on specific streets. BACKGROUND: In 1987, this agreement essentially had the County Traffic Division having traffic control responsibility on many roads within Delray Beach. Over time, some other roadways came under City jurisdiction through annexation actions; however, maintenance and jurisdiction remained with the County. The proposed amendment to the inter local agreement is one step in consummating our previous requests for transfer of Dixie Highway (north) and Swinton Avenue to the City. A second step will occur later when Palm Beach County "quit claims" interest in any remaining local roadways (i.e. situations created through annexation or improperly documented transfers). Attached is a report from Greg Luttrell, our City Traffic Engineer, which provides more background and lists the impacted roadways. A large exhibit is located in the Planning Department offices. RECOMMENDED ACTION: By motion, approval of the proposed amendment to the City/County Interlocal Agreement concerning the provision of certain traffic engineering and traffic control services. Attachment: * March 5, 1992 memo from Luttrell * Proposed amendment T:CCSTREET.DOC '. ,. , , I PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: ~ID J. KOVACS, DIRECTOR OF PLANNING AND ZONING DEPARTMENT FROM: GREG LUTTRELL ~G /~/eIO TRAFFIC ENGINEER RE: JURISDICTION OF ROADS CITY/COUNTY DATE: MARCH 5, 1992 As you requested, a review of roadway jurisdiction has been performed. The written information referenced in this review were: - August 16, 1991, letter from Palm Beach County to the City on County maintained roadways. - 1987 Interlocal Agreement providing traffic engineering services. - January, 1990, City Commission minutes accepting certain County Road Deeds. - October, 1990, City Commission minutes accepting County Road Deeds. The results outlined below are graphically showing on a City map display. The primary reference document is the letter from the County dated August 16, 1991. Attached to that letter is a partial list of the County "Road Inventory Master Listing" (attached) . This excerpt list shows all County maintained roads within the Delray Beach area. Roads shown on the referenced list may be classified into one of three categories: A. Roads which are outside of the current municipal limits of the City of Delray Beach or are major area wide thoroughfares which should remain under County ~WIA""7\l ~TA~ jurisdiction. },,,,,;) I~!", I~U r. ' "" \..^ i .. ," 1l I IrU; ~> ~.~.. Q ~ ~ . A few roads shown on the County "Road Inventory master Listing" have previously been transferred to the City, ~ :~ l:) from the County. A letter to the County Engineer will be drafted informing them of this situation and PLf\j\lN:NG 6. ZONING requesting they update their records. ., " . , , . David J. Kovacs Jurisdiction of Roads City/County , March 5, 1992 Page 2 C. This category includes roads which are within the Delray Beach municipal limits for which the County desires to release jurisdictional responsibility, or, are minor thoroughfare roads which we desire to be under City jurisdiction. Two actions will be occurring which will transfer jurisdiction for the roads in Category C from the County to the City. First, attached is a draft resolution which modifies the "1987 Interlocal Agreement providing Traffic Engineering Services." The 1987 Agreement transferred jurisdiction of many thoroughfare roads from the City to the County. In coordination with County Staff, we have agreed to amend Section 2 of the 1987 Agreement to list only those thoroughfare roads to remain under County jurisdiction. These roads are defined as follows: ROAD LIMITS (a) Linton Boulevard Within City Limits (b) Congress Avenue Within City Limits (c) Lake Ida Road/N.E. West City Limits to U.S.l (N.E. 6th 4th Street Avenue) (d) Barwick Road Within City Limits (e) Old Dixie Highway Linton Boulevard to South City Limits (f) Military Trail Within City Limits (g) N.E. 8th Street Intracoastal Bridge The County will also remain responsible for all traffic signals in the City. The City will be taking jurisdiction of the following roads: ROAD LIMITS Swinton Avenue Within City Limits Wallace Drive Linton Boulevard to S.W. 10th Street Germantown Road Congress Avenue to West City Limits Old Dixie Highway Linton Boulevard to S.E. 10th Street Old Dixie Highway U.S.1 to North City Limits N.E. 8th Street U.S.1 to A-1-A (Excluding Intracoastal Bridge) N.E. 2nd Avenue N.E. 8th Street to North City Limits N.E. 22nd Street Swinton Avenue to N.E. 2nd Avenue Other major thoroughfare roads not listed above are State roadways. On the following page is a list of roads under FDOT's jurisdiction: " I"! " , , David J. Kovacs Jurisdiction of Roads City/County I March 5, 1992 Page 3 ROAD LIMITS 1-95 Within City Limits U.S.1 (Federal Highway) Within City Limits A-I-A Within City Limits SR806 (West Atlantic West City Limits to Swinton Avenue Avenue) SR806 (East Atlantic East 5th Avenue to A-I-A Avenue) The second step in the jurisdictional transfer of roads from the County to the City deals with local streets. Previous actions by both the City and County have resulted in many streets within our municipal limits remaining under County jurisdiction. The County is currently processing a Countywide Resolution to address this situation. This Resolution will release the County's jurisdiction for all streets within municipalities except those covered by separate agreement (such as those thoroughfare roads discussed above) . Once this County Resolution is passed by the County Commission, we will begin evaluating the affected streets. This evaluation will make recommendations relative to maintenance responsibility for the affected streets. A summary of the streets affected, and maintenance evaluation, will be prepared following passage of the County Resolution. The County Staff has indicated their concurrence in the above process and jurisdictional transfers. Recommend that we proceed with passage of the Resolution amending the "1987 Interlocal Agreement Providing Traffic Engineering Services." GL/leh Attachments GL/A:#2/JUR1SD1C '. !." ,. Board of County Commissioners. RECEIVED County Administrator Karen T, Marcus, Chair 1/3o!Q;;L. Jan \\-'inters Carole Phillips, Vice Chair Carol A. Roberts CITY CLERK Carol J, Elmquist Mary McCarty Department of Engineering Ken Foster and Public Works Maude Ford Lee anuary 28, 19 2 Alison MacGregor Harty, City Clerk City of Delray Beach 100 N,W, First Avenue Delray Beach, FL 33444 RE: AMENDMENT TO INTERLOCAL AGREEMENT CONCERNING OLD DIXIE HIGHWAY Dear Ms. Harty: q, This is in response to Resolution 79-&r in which the City requested that the maintenance and traffic control jurisdiction of Old Dixie Highway, within the City of Delray Beach, be transferred to the City, The jurisdiction concerning this roadway was transferred to the County from the City under an Interlocal Agreement dated March 24, 1987. To accomplish the requested transfer, it is necessary that the attached "FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH, FLORIDA WHEREBY PALM BEACH COUNTY WILL PROVIDE CERTAIN ENGINEERING SERVICES TO THE CITY" be executed by your Commission. Upon execution by your Commission, please return to this office for submission to the Board of County Commissioners, Your cooperation and assistance is appreciated. Sincerely, Cha es R. Walker, Jr., P.E. Acting Assistant County Engineer CRW:te attachment - Amendment to Agreement cc: Greg Luttrell, Traffic Engineer, City of Delray Beach Marlene Everitt, Asst. County Attorney File - Municipality - City of Delray Beach Roads - Old Dixie Hwy, crw\olddixe "An Equal Opportunity. Affinnattve Action Employer" ro Box: 21229 WEST PALM BEACH, FLORIDA 33416-1229 (407) 684-4000 <6d pflnted on recycled paper " J I . . I ~~\,r .'1 I .n......S. ':~5!' ~ ~. I F . FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT t BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY ; AND THE CITY OF DELRAY BEACH, FLORIDA WHEREBY PALM BEACH COUNTY WILL PROVIDg CERTAIN TRAFFIC ENGINEERING SERVICES TO THE CITY . < ~ ~ . . ~ "'j THIS FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT, made and entered into the day of , 1992 by and between Palm Beach County, a political subdivision of the State of Florida (hereinafter referred to as "COUNTY"), and the City of Delray Beach, a ~ __ ' municipal corporation existing under the laws of the State of Florida, _.,~ ,~: (hereinafter referred to as the "CITY"). j' ? ..,':o~ WITNESSETH: . WHEREAS, the "CITY" and the "COUNTY" entered into that certain r.. Intergovernmental Agreement dated March 24, 1987 (the "AGREEMENT"), concerning the provision of certain traffic engineering services to the ." "CITY" from the "COUNTY" and the transfer of certain traffic control, ~ jurisdiction to the "COUNTY" from the "CITY"; and ' . ,. WHEREAS, in a Resolution 79-91 dated the 8th of October, 1991, ;. the "CITY" has requested the transfer of maintenance function and , "' jurisdiction from the "COUNTY" to the "CITY" for Old Dixie Highway ~ . '. within the "CITY"; and . .~ ~ '~ , WHEREAS, in a Resolution 86-91 dated the 29th day of October, t ,1 1991, the "CITY" has requested the transfer of maintenance function and ~ '1 jurisdiction from the "COUNTY" to the "CITY" for Swinton Avenue within ~ .J the "CITY"; and ~;. j ~ -I ! .. " WHEREAS, other Roads detailed in the "AGREEMENT" wi thin the f "CITY", but currently under "COUNTY" maintenance and jurisdiction, are ,>; more appropriately "CITY" streets; and ~ I ; " WHEREAS, previous action of the "COUNTY" by Resolution R-89-190S t transferred maintenance, responsibility and jurisdiction to the "CITY" " from the "COUNTY" for Germantown Road from S.W. 10th Street to Linton ~ Boulevard; and . . -.. ".; '" ~ WHEREAS, previous action of the "COUNTY" by Resolution R-90-476 ~ , transferred maintenance responsibility and jurisdiction to the "CITY" f: t from the "COUNTY" for N.E, 8th Street from Swinton Avenue to the '; . ~- . Intracoastal Bridge (excluding Intracoastal Bridge) and N, E. 8th from . j Intracoastal Bridge to SR A-1A (excluding Intracoastal Bridge); and . ,. WHEREAS, it is the intent of the parties hereto that this r Resolution shall clarify maintenance responsibility and jurisdiction for ~ '. roads contained in the "AGREEMENT", ;; NOW THEREFORE, in consideration of the mutual covenants, ,:, promises and representations herein, the parties agree as follows: ~. 1, The recitations set forth hereinabove are true, accurate and correct, and are incorporated herein. 2. The Intergovernmental Agreement transferring certain traffic " engineering services dated March 24, 1987, attached hereto, and made a part hereof by reference, is hereby modified by the removal of Section 2 from the listing of roadways and intersections and replacing it by the following: /' .. - " '. . . r, , I I J t I , " I I j 2. ROADWAYS AND INTERSECTIONS AFFECTED The transfer of functions and duties described in Section 1 above, shall apply to all signalized intersections, and the ..,.~:"..~ following roadways: - ROAD LIMITS J Cal Linton Boulevard Within City Limits (bl Congress Avenue Within City Limits , .- ; (cl Lake Ida Road/N.E, 4th Street West City Limits to U,S.l (N,E, 6th Avenue) " (d) Barwick Road Within City Limits , '.. (e) Old Dixie Highway Linton Boulevard to South . City Limits (f) Military Trail Within City Limits (g) N,E. 8th Street Intracoastal Bridge IN WITNESS WHEREOF, the parties hereunto have executed this Agreement on the dates set forth below, ATTEST: CITY OF DELRAY BEACH, FLORIDA . .. BY: BY: City Clerk Mayor i BY: City Attorney ; "'J ATTEST: PALM BEACH COUNTY, FLORIDA 1 Milton T, Bauer, Clerk ITS BOARD OF COUNTY COMMISSIONERS , . j 1 8Y: BY: , Deputy Clerk Chair , . .--:- ' .~ . j , Approved as to form and legal " l sufficiency: ~ : J BY: " County Attorney , . ; '. . ,'",..... .... " .~ , - .,. 2 /-_0 _pee. OM.___ -._------- .. hi " . INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH, FLORIDA WHEREBY PALM BEACH COUNTY WILL PROVIDE CERTAIN TRAFFIC ENGINEERING SERVICES TO THE CITY. THIS AGREEMENT, made and entered into this __________ day ofM~~_~_~!~a!_, A.D., 19__, by and between: THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as the "County"; and THE CITY OF DELRAY BEACH, FLORIDA, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as the "City". WIT N E SSE T H: WHEREAS, Section 316.006(2), Florida Statutes, grants municipalities original jurisdiction over all streets and highways located within their boundaries, except State roads, and grants said municipalities authority to place and maintain traffic control devices which conform to the Manual on Uniform Traffic Control Devices for Streets and Hiahwavs and specifi- cations of the State Department of Transportation upon all streets and highways under their original jurisdiction, as they shall deem necessary, to indicate and to carry out the provi- sions of Chapter 316 or to regulate, warn, or guide traffic; and WHEREAS, the County presently has traffic engineering expertise and technical capability as authorized by Section 316.006(3), Florida Statutes; and 'JJ.j 2 f ,. ,. k. 2 WHEREAS, the County has determined that centralizing the installation, operation, and maintenance of traffic control devices on the major roadways throughout Palm Beach County, Florida, in one responsible governmental entity is the most economical and efficient means of providing such needed services; and WHEREAS, in furtherance of the centralization of mutual traffic functions, tpe City has agreed to transfer and the County has agreed to accept certain authority, powers, responsibilities and duties as enumerated herein formerly exercised by the City pertaining to the planning, installation, operation and maintenance of traffic control devices on certain roadways and signalized intersections in accordance with the terms and conditions of the Agreement; and WHEREAS, the City will provide the financial assis- tance for a transition period as described below; and WHEREAS, Palm Beach County will add one Engineering Assistant I position to its staff to assist Palm Beach County in accommodating the additional engineering duties conferred On Palm Beach County by this agreement: and WHEREAS, as a part of the consideration for the entering into of this Agreement, the County has agreed to assume the current ; funding obligation for the continued operation of the traffic design and signalization responsi- bilities transferred hereunder, pursuant to the terms of this Agreement: and' WHEREAS, Section 125.01(p), Florida Statutes, authorizes the County to enter into agreements with other governmental agencies within or outside :the boundaries of the '. , . 3 County for the performance by the County of certain of the City's authorized functions. NOW, THEREFORE, IN CONSIDERATION of the premises and mutual covenants hereinafter contained, the parties do agree as follows: 1. TRANSFER OF FUNCTIONS AND DUTIES The City agrees to transfer to County, and the County agrees to accept and perform the following functions and duties on certain major roadways and signalized intersections as listed in Section 2 of this Agreement in order to protect the welfare of the public, which functions and duties were formerly performed by, or the responsibility of the City. (a) Install stop or yield signs necessary to govern traffic. (b) Maintain, operate and upgrade as necessary existing traffic signals. (c) Install, maintain and operate new traffic signals where warranted (City Counc i1 approval will be required prior to the installation of a traffic signal at the intersection of two City streets), and City Counc il approval will be required prior to the removal of any traffic signal covered by this Agreement. (d) Prohibit or restrict traffic movements including left, right and U-turns. (e) Install and maintain traffic markings including crosswalks, safety zones and traffic lane striping. (f) Designate one-way streets. .. ,.., . , 4 (g) Establish no-parking, no-standing, and no-stopping regulations7 provided, however, the City shall retain the right to designate on-street parking areas within the City's limits and the County shall have no jurisdiction or control thereof except for the purposes of safety only, in which event the County shall have the power to modify, reduce or eliminate any on-street parking on the roadways affected by this Agreement7 and provided further that the City's authority shall extend to, but shall not be limi ted to, the installation and removal of parking meters, the rates charged therefore, and the regulation of parking times. (h) Establish emergency and experimental regulations. ( i) Establish on-street truck and passenger loading zones. ( j ) Establish speed limits. (k) Establish no passing zones. (1) Establish traffic control guidelines for all . roadway construction and maintenance operations. (m) Prohibit use of streets by trucks. (n) Establish bridge loading restrictions. The County shall perform the above described functions and duties provided, however, the County may assign to its Division of Traffic Engineering or any successor division which may be created, such ministerial tasks as it deems appropriate. The County shall be fully responsible for all items delineated in paragraphs (a) through (n) above, and the City shall have no '. 5 duties or obligations whatsoever with regard to items delineated in paragraphs ( a) through (n) above provided however that the City spec if ically reserves the right to regulate parking within its jurisdiction. The City's authority shall extend to, but shall not be limited to, the installation and removal of parking meters, the rates charged therefore, the regulation of parking times, and the regulation of parking along the various thoroughfares within the City. Any such regulation shall conform with traffic engineering standards which prescribe minimum distances from intersections and traffic ways. All signs, signals, and markings and the placement thereof shall be in conformance with the Manual on Uniform Traffic Control Devices for Streets and Bi9hways published by the State Department of Transportation. 2. ROADWAYS AND INTERSECTIONS AFFECTED The transfer of functions and duties described in Section 1 above shall apply to all signalized intersections and the following roadways: BQAt2 LIMITS (a) Linton Boulevard Within City Limits (b) Congress Avenue Within City Limits (c) Swinton Avenue Within City Limits (d) Old Germantown Road Congress Ave. to West City Limits (e) Old Germantown Road S.W. 10th Street to Linton Blvd. (f) Lake Ida Rd/N.E. 4th Ave. West City Limits to U.S. tl (g) Barwick Road Within City Limits (h) Old Dixie Highway Within City Limits (i) N.E. 8th Street From U.S. .1 to A-I-A (j) N.E. 2nd Avenue N.E. 8th St. to N. City Limits - , . 6 (k) N.E. 22nd Street Swinton Ave. to N.E. 2nd Ave. (1) Military Trail Within City Limits At such time that any roadway within the City which is currently the jurisdiction of the State of Florida or the City is turned over to the County for maintenance and the County receives written notification thereof from the City, then that roadway shall be considered included in this Agreement. The existing signalized intersections affected follow: (a) N.E. 22nd St. & Seacrest Blvd. (b) N.E. 14th St. & U.S. .1 (c) N.E. 8th St. & N.E. 2nd Avenue (d) N.E. 8th St. & N.E. 5th Avenue (e) N.E. 8th St. & N.E. 6th Avenue (f) N.E. 8th St. & SR-AIA (N. Ocean) (f) N.W. 4th St. & Swinton Avenue (h) N.E. 4th St. & 2nd Avenue (i) N.E. 4th St. & N.E. 5th Avenue ( j ) N.E. 4th St. & N.E. 6th Avenue (k) N.E. 3rd St. & N.E. 2nd Avenue (1) N.W. 2nd St. & N.W. 5th Avenue ( m) N.W. 2nd St. & Swinton Avenue (n) N.E. 2nd St. & N.E. 2nd Avenue (0) N.E. 2nd St. & N.E. 5th Avenue (p) N.E. 2nd St. & N.E. 6th Avenue ( q) N.E. 1st St. & N.E. 2nd Avenue (r) West Atlantic Avenue & Barwick Road (s) West Atlantic Ave. & High Point/Homewood Blvd. (t) West Atlantic Ave. & Congress Avenue ,. . 7 (u) West Atlantic Avenue & 1-95 (v) West Atlantic Avenue & 10th Avenue West (w) West Atlantic Avenue & 8th Avenue West (x) West Atlantic Avenue & 5th Avenue West (y) Atlantic Avenue & Swinton Avenue (z) East Atlantic Avenue & 1st Avenue East (aa) East Atlantic Avenue & 2nd Avenue East (bb) East Atlantic Avenue & 3rd Avenue East (cc) East Atlantic Avenue & 4th Avenue East (dd) East Atlantic Avenue & 5th Avenue East (ee) East Atlantic Avenue & 6th Avenue East (ff) East Atlantic Avenue & 7th Avenue East (gg) East Atlantic Avenue & Venetian Drive (hh) East Atlantic Avenue & Gleason St. (if ) East Atlantic Avenue & SR-AIA (N. Ocean) (jj) S.E. 2nd Street & Swinton Avenue (kk) S.E. 2nd Street & S.E. 5th Avenue (11) S.E. 2nd Street & S.E 6th Avenue (mm) Casuarina Rd. & SR-AIA (S. Ocean) (nn) Lowson Blvd. & Congress Avenue (00) S.E. lOth St. & Swinton Avenue (pp) S.E. lOth St. & S.E. 5th Avenue (qq) Delray Mall & U.S. .1 and Banyan Tree Lane (rr) Linton Blvd. & Homewood Blvd. (ss) Linton Blvd. & Congress Avenue (tt) Linton Blvd & 1-95 (uu) Linton Blvd. & S.W. 10th Avenue (vv) Linton Blvd. & Old Dixie Hwy. (ww) Linton Blvd. & U.S. .1 (xx) Linton Blvd. & SR-AIA " I,,' . . . 8 (yy) Lindell Blvd. & Old Dixie Hwy. (zz) Lindell Blvd./Ave. L & U.S. II (aaa) West Atlantic Avenue & N.W. 1st Avenue (Fire Signal) (bbb) Linton Blvd. (Fire Signal Station 13) (ccc) N.E. 8th St. & N. Swinton Avenue (Flasher) (ddd) N.W. 2nd St. & N.W. 8th Avenue (Flasher) (eee) Lake Ida & Barwick Rd. (fff) Lake Ida & Congress Avenue (ggg) Lake Ida & Military Trail (hhh) Linton Blvd. & Military Trail ( iii) West Atlantic & Barnett Bank (jjj) West Atlantic & Military Trail (kkk) Linton Blvd. & S.W. 4th Avenue (111 ) West Atlantic Avenue & 12th Avenue West (mmm) Congress Avenue & Germantown Rd. (nnn) N.E. 1st Street & N.E. 5th Avenue (000) S.E. 1st Street & S.E. 5th Avenue (ppp) S.E. 1st Street & S.E. 6th Avenue (qqq) N.E. 1st Street & Swinton Avenue ( err) S.E. 1st Street & Swinton Avenue (sss) Fire Station 14--Lake Ida Road and Barwick Road (Flasher) (ttt) West Atlantic Ave. and Hamlet Dr. (Signal Authorized) 3. RETENTION BY THE CITY OF FUNCTIONS AND DUTIES NOT TRANSFERRED It is specifically understood and agreed that all rights and powers as may be vested in the City pursuant to Chapter 316 of the Florida statutes or any other Law or ordinance or Charter provisions of the City and not specifically transferred to County hereunder shall be fully retained by the City. It is . . . , , 9 further understood and agreed that the City is not transferring any of its traffic enforcement functions, rights and duties together with all rights of enforcement of City traffic ordinances or State traffic statutes. 4. TRANSFER OF OWNERSHIP OF TRAFFIC CONTROL DEVICES The City transfers ownership to the County of all traffic control devices presently installed within and owned by the City within the roadways involved in this Agreement. The existing traffic signals involved are those listed in Section 2 of this Agreement. 5. PAYMENT OF UTILITIES FOR TRAFFIC CONTROL DEVICES County agrees to be responsible for and to pay utility bills for traffic control devices enumerated in Section 2 of this Agreement. 6. COUNTY TO PROVIDE NECESSARY FINANCIAL SUPPORT UNDER AGREEMENT The County agrees to provide in its annual budget the financial support necessary for the purposes set forth in this Agreement. 7. FINANCIAL SUPPORT OF CITY To provide for a transition period to assist Palm Beach County in capi tal improvements for traffic signals which will be required in the City of Oelray Beach, the City agrees to provide to Palm Beach County $40,000.00 annually, beginning January l, 1987, for the five (5 ) successive calendar years. Palm Beach County agrees to spend a minimum of $200,000.00 to upgrade the traffic signals within the City of Delray Beach within this time frame. After these payments are made no further remuneration will be required of the City. The County shall give credit to the City for the current City contracts or upgraded signalization entered into prior to January 1, 1987. " 1-'1, .. 10 8. ADDITIONAL PERSONNEL Palm Beach County agrees to provide sufficient staff in its Traffic Division to accommodate the additional Engineering duties conferred on Palm Beach County by this Agreement. 9. APPLICATION FOR STATE AND FEDERAL GRANTS BY THE COUNTY The City agrees to allow the County to apply for and accept any State or Federal Grants, loans, or other programs, which may become available to the County by virtue of the transfer of this function from the City to the County. 10. CITY ORDINANCES TO CONFORM TO AGREEMENT The City agrees to make whatever changes to its code of ordinances that are necessary to fully implement the provisions of this Agreement. 11. REOUESTS OF THE CITY Subject to budgetary and financial considerations, the County and the Traffic Engineering Division of the County agree to implement all reasonable written requests as warranted by traffic engineering studies of the City for the installation, retention, or removal of traffic control devices within the City and further agree to implement all reasonable requests of the City with regard to any of the duties and functions specified in paragraph 1 above, so long as such requests accord with the Manual on Uniform Traffic Control Devices for Streets and Highways and specifications of the State Department of Transportation and commonly accepted standards of traffic engineering. 12. COORDINATION OF CITY AND COUNTY IN REVIEWING FUTURE DEVELOPMENTS The City agrees to coordinate with the County through the City's Engineering and Planning Departments the review of all ,. . - . . ~ , 11 developments which will generate any traffic impact of conse- quence on major roadways. 13. CANCELLATION This Agreement may be cancelled by the City or County upon ninety (90) days formal written notice. In the event of any cancellation the parties agree that the traffic signals shall remain at their respective locations subject to the following: ( a) Signals owned prior to this Agreement by the City shall become City property and subject to City ownership and control thereafter. (b) Signals originally owned or constructed by the County may be purchased by the City upon notice to that effect from City to County within sixty (60 ) days from date of cancellation. If the City desires to retain these signals it shall pay the County for the County's original cost thereof, including instal- lation charges, minus a depreciation factor of one-tenth (1/10) of the original cost per year to be deducted from such cost. In no event however shall the payment be less than thirty percent (30%) of the original cost of installation. 14. APPORTIONMENT OF LIABILITY Both parties hereby agree that each party shall be respon- sible for damages caused by its own negligence, and further that municipality in County further mutually covenant agree that in the event liability for property damages or personal injury to third persons is imposed upon either of said parties purely on a technical or a derivative basis as a result of the negligence of the other party, the party hereto whose negli- gence occasioned the imposition of such derivative or technical liability upon the other parties shall, to the extent permitted by law, indemnify said other party but only to the extent of the specific monetary limitations of liability reflected in Section 768.28(5) Florida Statute. " - . .. - "'... 12 15. COUNTERPARTS OF AGREEMENT This Agreement may be simultaneously executed in two counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. BOARD OF THE COUNTY COMMISSIONERS CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA FLORIDA BY:~~ ~ha' n ~ // . ~ ~--- ~.~.~ -~- ~~~-- ------------------------ /~~e? :,,,d . .".., " .'1\ttest:' JOHN B. DUNKLE! C~ERK Attest: ,.' ". ;-, Boar of County Commissioners ...J ~. ;: ..:. .' r' ':;'> ;:: By : ".; . .. ~" A"~:': . ____~~~___~__.~D~CUR~- ~~_f1~~___~___.~7 .~ City,. lerk.. . , ,- '~pproved,'~s to Form: App oved as ~p Form: ~. '. , .. C. _ .. ----------------------- J~C~~~. .. FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH, FLORIDA WHEREBY PALM BEACH COUNTY WILL PROVIDE CERTAIN TRAFFIC ENGINEERING SERVICES TO THE CITY THIS FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT, made and entered into the day of , 1992 by and between Palm Beach County, a political subdivision of the State of Florida (hereinafter referred to as nCOUNTyn), and the City of Delray Beach, a municipal corporation existing under the laws of the State of Florida, (hereinafter referred to as the nCITyn). WIT N E SSE T H : WHEREAS, the nCITyn and the nCOUNTyn entered into that certain Intergovernmental Agreement dated March 24, 1987 (the nAGREEMENTn), concerning the provision of certain traffic engineering services to the nCITyn by the nCOUNTyn and the transfer of certain traffic control jurisdiction from the nCITyn to the nCOUNTyn; and WHEREAS, in a Resolution 79-91 dated the 8th of October, 1991, the nCITyn has requested the transfer of maintenance function and jurisdiction from the nCOUNTyn to the nCITyn for Old Dixie Highway within the nCITyn; and WHEREAS, it is the intent of the parties hereto that 01 d Di xi e Highway withi n the nCITyn become part of the nCITyn street system. NOW THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1. The recitations set forth hereinabove are true, accurate and correct, and are incorporated herein. 2, The Intergovernmental Agreement dated March 24, 1987 attached hereto and made a part hereof by reference is hereby modified by the removal of Section 2h from the listing of roadways and intersections affected in the subject agreement. Section 2h reads as follows: ROAD LIMITS h. Old Dixie Highway Within City Limits " ., IN WITNESS WHEREOF, the parties hereunto have executed this Agreement on the dates set forth below. ATTEST: CITY OF DELRAY BEACH, FLORIDA BY: BY: City Clerk Mayor BY: City Attorney Attest: PALM BEACH COUNTY, FLORIDA Milton T. Bauer, Clerk ITS BOARD OF COUNTY COMMISSIONERS BY: BY: Deputy Clerk Chair Approved as to form and legal sufficiency: BY: County Attorney H:\agreemnt\delray.dix ,. FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH, FLORIDA WHEREBY PALM BEACH COUNTY WILL PROVIDE CERTAIN TRAFFIC ENGINEERING SERVICES TO THE CITY THIS FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT, made and entered into the day of , 1992 by and between Palm Beach County, a political subdivision of the State of Florida (hereinafter referred to as "COUNTY"), and the City of Delray Beach, a municipal corporation existing under the laws of the State of Florida, (hereinafter referred to as the "CITY"), WIT N E SSE T H : WHEREAS, the "CITY" and the "COUNTY" entered into that certain Intergovernmental Agreement dated March 24, 1987 (the "AGREEMENT"), concerning the provision of certain traffic engineering services to the "CITY" by the "COUNTY" and the transfer of certain traffic control jurisdiction from the "CITY" to the "COUNTY"; and WHEREAS, in a Resolution 79-91 dated the 8th of October, 1991, the "CITY" has requested the transfer of maintenance function and jurisdiction from the "COUNTY" to the "CITY" for Old Dixie Highway within the "CITY"; and WHEREAS, it is the intent of the part i es hereto that 01 d Di xi e Highway within the "CITY" become part of the "CITY" street system. NOW THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1. The recitations set forth hereinabove are true, accurate and correct, and are incorporated herein. 2. The Intergovernmental Agreement dated March 24, 1987 attached hereto and made a part hereof by reference is hereby modified by the removal of Section 2h from the listing of roadways and intersections affected in the subject agreement. Section 2h reads as follows: ROAD LIMITS h. Old Dixie Highway Within City Limits 3. It is the intent of both the "CITY" and the "COUNTY", upon the execution of this agreement, that Old Dixie Highway within the "CITY" would become part of the "CITY" street system as to both maintenance and traffic control jurisdiction, " - -"-,"--.-. ~_._-,- " .; IN WITNESS WHEREOF, the parties hereunto have executed this Agreement on the dates set forth below. ATTEST: CITY OF DELRAY BEACH, FLORIDA BY: BY: City Clerk Mayor BY: City Attorney Attest: PALM BEACH COUNTY, FLORIDA Milton T. Bauer, Clerk ITS BOARD OF COUNTY COMMISSIONERS BY: BY: Deputy Clerk Chair Approved as to form and legal sufficiency: BY: County Attorney H:\agreemnt\delray.dix '. .' '. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER :r J ,/ SUBJECT: AGENDA ITEM it q]) - MEETING OF MARCH 11. 1992 REOUEST FOR MODIFICATION OF STANDARDS/911 EVE STREET DATE: March 6, 1992 We have received a request for modification of standards from the property owner at 911 Eve Street to permit an existing dock to remain as constructed within 10 feet of the adjacent property line. The current property owner was not responsible for the construction of the dock in this manner. The City Engineer has reviewed this request and recommends that a modification of standards be granted as this situation does not endanger the public safety and welfare, Recommend approval of the request for modification of standards to permit a dock to remain as constructed at 911 Eve Street. POSTPOf)'EI) 10 3102Ltlq~ , " . . -1"'" OJ :; err--' 6...J ~ :::;-J' j) a...-- DEPARTMENT OF ENVIRONMENTAL SERVICES M E M 0 RAN DUM TO: GENE BROWN BLDG INSP/CODE ENFORCEMENT FROM: RALPH E. HAYDEN, P.E.~ CITY ENGINEER DATE: FEBRUARY 20, 1992 SUBJECT: VIOLATION NOTICE - CASE G098-97 WAIVER RECOMMENDATION - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The above referenced situation at 911 Eve street is one in which a dock has been placed closer than 10 feet to the property line (a violation of section 7.9.5 (B) . The current property owner was not responsible for the construction of the dock in this manner, and in our review this situation does not endanger the public safety and welfare. Therefore, under the provisions of section 7.9.4 I am recommending that a modification of the standards be authorized by the City Commission in this case. If you have any further questions regarding this matter please contact me at 243-7322. RH: kt cc: Oavid T. Harden., CitY'Manager\ Gerald K. Culliton 56 Albert Street P.O. Box 846 Stratford, Ontario N5A 6W3 File: Interoffice Memos: Memos to Code Enforcement RHGB220.kt " - - --- ?l . ~I . , . .,. MOUNTAIN, MITCHELL. HILL, MONTEITH & RITSMA BARRISTERS AND SOLICITORS "g.EM I!, Mg14..TAIH 56 "I..CAT aTAl[l!:T .",,"..&.. .. JI'UYe...."'... p, O. BOX 846 p~"".., c. ....c.&. STRATFORD. ONTARIO .T'~I!N e. Ma..TI,TH NSA 6W3 teAV.....,.... .... ".T....... TEl.; (1"9) 3'7'-0'7'70 OI..A&.D IC. CULL-ITOH J"&X: (:.19) ~."...,.t G. K. Culliton Pl,I:"8" ItC'C" TO.......,................. '.. '........... ..,.................. February 14, 1992 City of Delray Beach Enqineering Office 434 South Swinton Avenue Delray Beach, Flo . 33444 Attention: Dear Mr. Hayden: RE: Our Client - G.E.V. Management Ltd. Property - 911 Eve street, Delray Beach, Florida Lot 16, Tropic Isle We are writing as the lawyers for G.E.V. Management Ltd. which is the owner of the above named property and which has received the enclosed violation notice. Our client purchased the property during December, 1991 and prior to closing had no notice of the violation of chapter 71 section 7.9.5 of the city's Code of Ordinances. In particular, the violation was not discovered by the Gulf Atlantic Title Agency Inc. , title insurer in Delray Beach and was not disclosed by the previous owner. Enclosed is a copy of a survey for the property. Our olient intends to obtain a variance to comply with your Code of Ordinances. Would you please provide us with your application form and any other information we will require to complete the application. Would you also advise us when the city's Code of Ordinances regarding the set-baCk of docks was passed and advise us if there is a "grandfather" provision which would make a . . ./2 ~~B 14 '92 18:04 MOUNTRLN,MITCHELL P.2 . . . MO'"..JNTAIN, MITCHEI.L.. HIL.1.. MONTEITH & RITSMA -2- variance unnecessary in the event that the dock was in place before the ordinance came into effect. ~lease provide us with the date when you believe t~e dock was constructed. A copy of this letter is beinq sent to Mr. Gene Brown, Code Enforcement Officjer, Mr. David Harden, city Manaqer and to Gulf Atlantic Title Agency Inc. Our client will promptly comply with your violation notice and is requesting your assistance to do so. Yours very truly, MOUNTAIN, MITCHELL, HILL, MONTEITH 6r RITSMA r1tW Per .: Gerald K. CUlliton GKC /1.h c.c. G.E.V. Management Ltd. c.c. Gene Brown, Code Enforcement Officer c.c. David Harden, City Manager C.c. Gulf Atlantic Title Agency Inc., Delray Beach " FEE 14 '92 18:04 MOuNTAIN, MITCHELL P.3 " / , . , ,~ p.~'TIONAL REPAIRS MAY SE .; . IT IS NEceSSARY TO . F,,. I REQUIREO TO CONFORM TO CITY J BAING THIS VIOLATION cooes. PLEAse DISCUSS WITH CITY OF DELRA Y BEACH NOTfC~ WHEN APP1..YING FOR THE BL.OG. INSPECTION DIVISION Code Enforcement Division APPLICABLE PERMIT(Sl WHEN OBTAINING PERMIT(S) VIOLATION NOTICE Case No,: r:; I) 9 f,. 9d-- Investigation Date: t / -z..1 / '{'1- REINSPECTION / /1// q()- RESULTS Violation Issuance Date: (vf, Dale; e~ Addrells ot Violation: cr/( ?i. Delra~ Beach. Florida 1- j / Legal: Le.. \t.. 'IL(D f> l c;. :c ~ L-~ 2. / / P. C. Number .... 3, / / . 1 G E V HGM!. L TO . 4. I / Owner. - 1144' ONTARIO ST. AadreS3: _ STRATFORD ONTARIO, CANADA 5 / / PLEASE NOTE: YOU ARE IN VIOLATION OF THE FOL.I.OWING PROVISION(S) OFTHECITY'S cooe OFOFlOINANCES: LD J?- Chapter: 7 Section: 7.1.4 1 2 3 4 5 Which Requires: 1:h:-:k. c; Nlr[" 'Tn be: c:-w 7L~ /2- \"~..u... >-.1 IO~ 1~ Al(~)A?~~-r ~~ZT1 LI~~~ "'J>J .q, Chapter: Section: Whic'" Requires: ViolatJon may be corrected by: Ch apter: Section: WhiCh Requires: Violation may be corrected by: ChSf)ter: Section: Which Requires: Violation may be corrected by: You have Y days from the above i$suance date to correct the above violation(s). failur. to comply with this VIOLATION NOTiCe may result in imposition of fines I.JP to $250,00 per day per V""I;O~ ~ / I ~ I'y ~ ENFOACEMENT OFFICE~ OATE OIVIs./lN AOMINISTRATO" SIGNED caOl 400 (4071 24~ ft--t..e:r -- _..... _"-,"_'. <'"_'_,1 j--J"ll'II.J..I'...rU:::.,-L.. P.4 ~ . .., . . . section 7.9.3 ~ Section 7.9.3 Maintenance; Abatement as Nuisance if Unsafe: ( A) Docks, dolphins, finger piers,~nd boat lifts shall be maintained by the property owner iri" a safe condition, as determined by the department designated by the City Manager. (B) A dock, dolphin, finger pier, or boat 11ft,which is determined to be in an unsafe condition is declared a public nuisance and may be abated in accordance with the provisions of subsection 100.20 through 100.28. section 7.9.4 Modification of Standards for Approval; A~peals: (A) Upon the recommendation Enqineerl the 9ommission may standards for of this Article 7.9, these sections would a \-IOuld not endanger (B) Should the City Engineer recommend against any request for modification of the standards for approval as set forth herein, the applicant shall have the right to appeal that decision of the City Engineer to the Commission; by filing a written request to the City Manager within ten days after the decision of the City En<jineer. The Commission shall conduct a hearing on the appeal at a regular or special Commission meeting and shall render a decision within a reasonable time after the hearing_ DOCKS Section 7.9.5 Standards tor A~pro~al: A dock may be permitted subject to the following conditions: (A) A dock, exclusive of dock pilings, shall not project more than five feet into a waterway from the property lIne or seawall or bulkhead or seawall cap, whichever is nearest to the 'Y1aterway. In no case shall the dock extend more than eight feet beyond the property line. (B) When the plot frontage along a body of water is 100 feet or less, only one dock Is permItted. The dock shall not extend closer than ten feet to the property line of adjacent property or the distance established for the side yard setback whichever Is greater. Rev. 4/91 Rev. 10/14/91 7902 'I \"if.J:I 14 '92 18:106 I"10l.tiTAIN,MITCH:..""LL . " . . .- P.S , . "'.""1G1 ~"\I \01\1. yQl"'l:# '" ~. ." .. , " Swl817 Boca Raton, fforidrJ 334 ~ Phone 392-0129 . . -sz:..: , ~~ '\) 15' ~. "~ '.,....".,~ I " .1., ,::..'\., . . "'-'n 7t . .. . R'" , . . ~~ "' \1,' ~ ~ , ~ " ~ % ~ ~ ~ ~ 40./ , , '" ~ ~ ~ ~ ., <,..;::. " - , . . . . ~_....---- .~_.-.....--- ----_..,.,~.--..... _.._---~~ ~ I '. ...-.- - \ ~ I .... ~ , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS " FROM: CITY MANAGER r'i SUBJECT: AGENDA ITEM # ~ ~ - MEETING OF MARCH II. 1992 SERVICE AUTHORIZATION NO. 4/ PROFESSIONAL ENGINEERING CON- SULTANTS, INC. DATE: March 6, 1992 This is a service authorization in the amount of $44,322 to the contract with Professional Engineering Consultants, Inc. for engineering services to conduct a rehabilitation study and to prepare a project manual for the rehabilitation of sanitary gravity sewer lines in Lift Station Basins 8, 18 and 32. We have recently completed cleaning and CCTV documentation of sanitary gravity sewer lines in Lift Station Basins 8, 18 and 32. To achieve the most cost effective rehabilitation of these lines, manholes and surface defects, staff requested a proposal for engineering services to evaluate the present condition of each system and to provide a written report on the cost effectiveness of selected rehabilitation alternatives, and specific recommendations for each pipe segment in each system, This study will determine the priority of repair/replacement of these systems, Recommend approval of Service Authorization No, 4 with Professional Consutants, Inc. in the amount of $44,322i with funding from Water and Sewer Renewal and Replacement - Manhole Rehabilitation (Account No. 442-5178-536-61.84) . ~~ (~ 0 o - '. . , PEe PROFESSIONAL ENGINEERING CONSUL TANTS, INC, February 26, 1992 P-2034 City of Delray Beach ,//' .f Environmental Services C tie" I ('~ 1,' '0-;;"- 434 S th S. A I . (,". .' ~ -I I ou wmton venue /- ('4 j / i { ,..;;- (C,I",,' Delray Beach, Florida 33444 'j__ <r... f: { ;: ",:' ,I ;:...~.; / . - Attention: Mr. George Abou-J aoude ~-f: ~ '" I'P (, .1' '. ,"'~. ,# ,,~ ',.- RE: Rehabilitation Study and Preparation of Project Manual for (II E. ~; ,f . / -( :;. Sanitary Sewer Systems 8, 18 and 32; Proposal for Engineering Services ;2) PI: I r;~ ,.;, C'j: . (jl Ctll'1 {{",t I Gentlemen, . ~ b,-If"F'r"'" ,<''f ('1) )},.-'r"{.....1,..,, (- <' We are pleased to present the attached proposal for Engineering Services related to the above referenced assignment. The development of this assignment consists of three (3) primary activities: 1. Collection System Rehabilitation Study 2. Project Manual Preparation 3. Construction Drawing Preparation (subsequent proposal upon City's direction) Enclosed for your review are an 1) an introductory background and premise, and outline of the general scope of services for this assignment; 2) man-hour estimates included in Attachment "A II ; 3) cost estimates shown in Attachment "B"; 4) an implementation schedule shown in Attachment "C" as well as the completed Consulting Service Authorization (No.4) for this assignment. We propose to perform the engineering services described herein, utilizing the lump sum fee compensation method, for a total fee of $37,322.00. We are prepared to complete this assignment in accordance with the implementation schedule contained in Attachment II C" . We appreciate the opportunity to provide our engineering services for this assignment and trust that the information provided herein is sufficient for your needs. If you have any questions or comments or may require additional information, please contact the undersigned at your convenience. Very truly yours, PROFESSIONAL ENGINEERING CONSULTANTS, INC. -, afYi4!2;r-- Arthur R. Austin, P .E. Manager, Environmental Department I ARA/ak-W02 cc: Mr. Tom R. Kelley, P.E., Principal, PEC Mr. R. Kent Veech, PEC engineers planners sIlIvRyors 200 East Robinson Street. Suite 1560 . Orlando. Florida 32801 . 407/422-8062 . FAX 407/849-9401 ., . PROJECT BACKGROUND AND PREMISE BACKGROUND The City of Delray Beach has recently completed cleaning and CCTV documentation of sanitary gravity sewer lines in Lift Station Basins 8, 18 and 32 (work performed by Altair, Inc.). To achieve the most cost effective rehabilitation of these lines, manholes and surface defects, the City of Delray Beach has requested a proposal for Engineering Services to evaluate the present condition of each system and to provide a written report of the cost effectiveness of selected rehabilitation alternatives, and specific recommendations for each pipe segment in each system. This assignment will also include the preparation of a Project Manual for this assignment which will include bidding documents, general requirements and technical specifications related to this specific type of construction rehabilitation. The Project Manual may be used by the City on these repair/replacement sections and as well as future construction rehabilitation work in the City of Delray Beach. PREMISE The rehabilitation study will include sanitary gravity sewer collection systems in. Lift Station Basins 8, 18 ard 32 as shown on the attached diagrams furnished by the City. The City of Delray Beach will provide PEC all available data pertaining to these collection systems, including but not limited to CCTV tapes (by Altair, Inc.), latest revision of the City's SSES or III study, pumping station information for each of the systems, latest wastewater master plan for the subject areas and any other information which could be beneficial to the evaluation of these collection systems. Evaluation of Lift Station Basins 8, 18 and 32 will consist of review of all pertinent data furnished by the City, preparation of T. V. survey field reports for each line segment as shown on the CCTV tapes, surface conditions and manhole condition investigation, and investigation of the general condition of the collection system. The written report will summarize the conclusions from the evaluation as follows: 1. Prioritization of each sewer segment (manhole to manhole) with respect to estimated III contribution (categorizing segments as extreme, poor, marginal, fair and good); 2. Develop rehabilitative alternatives for repair or replacement of defective pipe, manholes and surface features (such as total reconstruction, point repair, slip lining and/or Insituform lining); -1- P-2034 . PROJECT BACKGROUND AND PREMISE (Continued) 3. Cost comparisons of rehabilitative alternatives for each sewer segment with respect to construction cost ($) per gallon of III removed (as estimated from visual surveyor determined by existing 1/1 study) and 4. Recommendations as to construction phasing to repair or replace defective segments. The development of a Project Manual for construction contracts involving sanitary gravity sewer system rehabilitation and/or reconstruction will incorporate the Standard General Conditions for the City of Delray Beach Standard General Conditions (PEC will review and make recommendations for modifications to these General Conditions), Division 1 - General Requirements as developed by PEC, and Technical Specification sections for materials and methods for each replacement/repair technique as developed in the rehabilitation study. Upon the City concurrence of sanitary gravity sewer collection system segments requiring repair or replacement, PEC will provide the City of Delray Beach a detailed scope of services and cost proposal to develop construction drawings for each phase, segment or system on a case-by-case basis. Form of Deliverables: 1. Collection System Rehabilitation Study a) Furnish three (3) copies of the completed report to the City of Delray Beach for reVIew. b) Meet with City staff to review report. 2. Project Manual a) Furnish three (3) sets of the completed Project Manual (in draft form) to the City of Delray Beach for review. b) Furnish five (5) sets of the revised Project Manual (in final form) to the City. c) Furnish one (1) word processing disk (Word Perfect 5.1 format) including single page input (macro file) to revise Project Manual for subsequent work by the City. -2- P-2034 o. PI AI M o'-vep L e-~vC1> A ~:l7' Ml T Z67' R S E I u I S I H..S N , 7i;h 4 ~I 16 E 8'-vep EI 'W t'7' B'-vep e'-vep ~H' El 2~" A T I 8'~VCf' Y ls't STREET 122' , , B'-VeP al8' M S C A s'-Vep R E an' I 1 T N 7th y E 10 A \J V A E y N U E 8'-Vel' . 300' e'-vel' 9 309' SE 2ncl STREET . 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G e u 1i '.!!! g c I 1i ~"i ,2! '6/.0. ~ '! :>. ....'. .................................................1..........<.. ~:l ,II ,;:::,g 1::l 0 tV ,:l G g' ......l? u G -'r I . ::I C II U .. al - ~ ". ,- ,'I;: C"tl G... ! .2" ! ~ 2 i > ! 0 ! u; : '., = g., 11::->:: ........' CI C tllE .Q;; ,_ tll II e- G - G , .Q . II u.... ........... Q..c tll I: ~ Q. 0 ~" . "tl i:j!liii:i!. G U .c c ~ ~ GUill G 0 ~ '> tll D: S '0 ! 8 ~ 0 D: ,: ::E ~ ii .... .. oC ,- 0 I: .... u~o "b G Q. III .i..... 2 -5;: g' . .. c. ,- .... ,. . l!! 0 u. ....... ...... ........... ......,...,....<.........111 " . 0 Q. W l!!" ......... r> U 0 u.i u: ... c.> ::l Q.."tl <d.< 01Y -Cd. i> I......: ..... ....... ....... ............. yy.= ............... .: ~_ --__01".. PROFESSIONAL ENGINEERING CONSULTANTS.INC, PROJECT COST ESTIMATE ATTACHMENT B P-2034 CLIENT....,....... CllY OF DELAAY BEACH DATE OF ESTIMATE...... 02/26/92 LABOR MULTIPUER...... 3.00 PROJECT NAME...... REHABILITATION STUDY AND PREPARATION OF PROJECT DIRECT MUL TIPUER....... 1.00 MANUAL FOR SANITARY SewER SYSTEMS 8, 18 AND 32 .....*******...**.***.****.....**********'*************.......******..*****.******...**********.........***************.**.....*******'****"**.....*************...**...***.***.. LABOR COST DETAIL TASK 1: TASK 2: DIRECT MULTI COLLECTION SYSTEM MASTER SPECIFICATION TOTAL LABOR LABOR LABOR CLASS RATE REHABILITATION STUDY BOOK PREPARATION HOURS COST COST PROJECT MANAGER $29,00 26 45 71 $2,059 $6,177 SENIOR ENGINEER $22,00 0 0 0 $0 $0 ENGINEER $18,00 186 129 315 $5,670 $17.010 SA. TECHNICIAN $14,00 50 30 80 $1,120 $3.360 DRAFTER (CADD) $10,00 0 0 0 $0 $0 CLERICAL $10.00 6 53 59 $590 $1.770 SUBTOTAL LABOR HOURS 268 257 525 $9,439 SUBTOTAL RAW LBR DOLLARS $4,862 $4.5n $28.317 SUBTOTALTOTLBRDOLLARS $14.586 $13,731 ..**********..*********........****************..*****........***********..************._._._.***.__._._**._.**._____**_____.._._...____._______....._.M*__.__.._._._ OTHER DIRECT COST DETAIL ACTUAL MULTI ITEM DESCRIPTION ODC ODC TELEPHONE ~ong distance only) $20 $30 $50 $50 REPROD./PRINTING $50 $200 $250 $250 $0 $0 $0 $0 SUBTOTAL DIRECT $ $70 $230 $300 SUBTOTAL MULT DIR $ $70 $230 $300 **H..****........**************..*****'**********...........******.*****.**., ,It, M"" ,**'***'"*'**....**'***'****..............................*..............._**.....***.... EXTERNAL ASSOCIATES COST DETAIL ACTUAL MULTI EXTERNAL ASSOCIATES ODC ODC OMS ENVIRONMENTAL $8,705 $0 $8,705 $8,705 $0 $0 $0 $0 SUBTOTAL ASSOCIATE $ $8,705 $0 $8,705 SUBTOTAL MULT ASSOC. $ $8.705 $0 $8.705 *********************..........********************..******..********..****.....*******.***-***.************...*....*******"****..*********.**..*****.*************" TOTAL LABOR. ODC', & EXTERNAL ASSOCIATES $23,381 $13,961 $37,322 ., CD I i> - ....... ...... ll) ( ..... ~ ~ '~ ..... a: i<. :to- C') i5 ..... ~ I '-' (\J ..... ~ 0 ,: > UJ ..... Ol UJ ,.... a: 0 I~ 0 ~ -I a: 0 <( a. ..... I~ ::> 0 z I- 1'-' <( ~ en ~ I- i= 0 0 UJ(\J Z co < -,C') 00 ~ / a: 0 ~a.~ a: >( ~lL. _ lL. " i) OO~ C/) ...... W Z - ~ OJ:Oco UJ ( -C/) ~ CD ( I-O~~ . ZC/)a:~ ..... 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CD III e o CD a: en ,- c: 0;= u.0 "'0 a.. a: a. en .!:E ~a. Oc.. LL_ a.. _ 0 UJ UJ Z <( aJ 0 cd ~ aJ 0 cd u. ~ C') ..... ..... ..... 0 (\J (\J 0 (\J C/) ~ - (\J dms Enviranm.ntal Inc. P.O. Box 4293 · Enterprise, Florida 32725 . 407-574-6725 February 21, 1992 P-92-003 Mr. R. Kent Veech Professional Engineering Consultants, Inc, 200 East Robinson Slreet, Suite 1560 Orlando, Florida 32801 Regarding: Sanitary Sewer Rehabilitation Study, City of Delray Beach, Florida Dear Mr. Veech: In response to your request DMS Environmental, Inc. (DMS) is pleased to submit this proposal relative to providing services for the above referenced project. We have enclosed gross budgetary cost requirements which have been outlined within the key tasks which will be completed during this study. However, due to the complexity of the project additional field services may be requested. The following is a list of our attending services: 1, Review CCTV tapes and field data logs supplied by PEC 2. Prepare master report for each sewer segment per subsystem boundary 3. Develop rehabilitative alternatives with associated costs per line segment Once cost estimates have been completed for the above alternatives, D MS will assist PEC in the development of a priority schedule with each individual line segment ranked according to severity. Our budgetary fee for these services is based on a not to exceed figure of $8,705.00. Additional services if requested will be billed at the rate of $55.00 per hour. I would like to thank PEC for the opportunity in submitting this proposal, If you have any additional questions, please don't hesitate to contact our office. Sincerely, DMS Environmental. Inc. ;U.f&-(-- William J. Senick General Manager WJS/dsb Wastewater Infrastructure Maintenance and Rehabilitation " , . PROFESSIONAL ENGINEERING CONSULTANTS, INC, CITY OF DELRA Y BEACH CONSULTING SERVICE AUfHORlZATION No, 4 DATE: SERVICE AUTHORIZATION NO, FOR CONSULTING SERVICES CITY P,O, NO, CITY EXPENSE CODE PROJECT NO,: CITY OF DELRA Y BEACH PEC DB-06 TITLE: REHABILITATION STUDY AND PREPARATION OF PROJECT MANUAL FOR SANITARY SEWER SYSTEMS 8, 18 AND 32 This service authorization, when executed, shall be incorporated in and shall become an integral part of the Contract, Dated December 4, 1991, by and between the City of Delray Beach and PEC, I, PROJECT DESCRIPTION The objective of this assignment is to evaluate the condition of sanitary gravity sewer collection systems in Lift Station Basins 8, 18 and 32 within the City of Delray Beach, Evaluation of Lift Station Basins 8, 18 and 32 will consist of review of all pertinent data furnished by the City, preparation of T. V, survey field reports for each line segment as shown on the CCTV tapes, surface conditions and manhole condition investigation, and investigation of the general condition of the collection system, Based on this evaluation, a written report will be furnished to the City staff or review, The written report will summarize the conclusions from the evaluation; prioritization of each sewer segment (manhole to manhole) with respect to estimated III contribution (categorizing segments as extreme, poor, marginal, fair and good); develop rehabilitative alternatives for repair or replacement of defective pipe, manholes and surface features such as total reconstruction, point repair, slip lining and/or Insituform lining; cost comparisons of rehabilitative alternatives for each sewer segment with respect to construction cost ($) per gallon of III removed (as estimated from visual surveyor determined by existing III study) and recommendations as to construction phasing to repair or replace defective segments, This assignment will also include development of a Project Manual for construction contracts involving sanitary gravity sewer system rehabilitation and/or reconstruction, The Project Manual will incorporate the City of Delray Beach Standard General Conditions (pEC will review and make recommendations for modifications to these General Conditions), Division 1 - General Requirements as developed by PEC, and Technical Specification sections for materials and methods for each replacement/repair technique as developed in the rehabilitation study, II. SCOPE OF SERVICES The development of this assignment consists of three (3) primary activities and sub-tasks as follows: 1. Collection System Rehabilitation Study: Evaluation of sanitary sewer collection systems in L,S. Basins 8, 18 and 32, Prepare written report on findings, recommendations for repair or replacement methods and cost comparisons for each segment by each feasible method, - 1 - , ,. 'J tl3 ." ,. . . CONSULTING SERYICE AUI'HORIZATION No.4 Contlnued 2. rroJ~t Manual Preparation: Preparation of bidding document, general requlrementJ and technical specltlcallons related to the materials and methods for repair and/or replacement of sanitary ~ewer I;ollel.:tlol\ systems, 3, Construction Drawlnl Preparation; Based on the City staff's selection of collection system segmentJ requiring repair or replacement, detailed scope of services and cost proposals to deveiop construction drawings will be prepared and submitted for City approval. Detailed Scope of Services Is Included In Attachment IlA". III. BVDGJU: The following services shall be paid on tho basis of the following methods In accordance with the Contract Agreement, the total not to exceed $37)322.00 without further authorization from the City: IW Activity Ifasls of P~men( Budiet 1 Collection System Rehabilitation Study Lump Sum $ 23,361 2 Project Manual Preparatlon Lump Sum 13,961 3 Construction Drawing Preparation Hourly Tlm~ Charies <To be PttM:Ja1 > TOTAL BUDGETI $ 37,322 (ThIs Authorization) Detailed Mnnhour And Budgets 8re Included In Attachment "BI'. The Consultant shall be reimbursed for additional servic~ not included In the above basic fees, such as but not limited to: special permitting, additional prlntlng, property surveys, and resident services during construction, not to exceed an amount of Seven Thousand Dollars ($7,000), These addItional servIces shall be approved by th" City, In writIng, on an item per Item basis. IV. COMPLETION QA TE The collection system rehabilitation study shall be completed withIn 60 days from Notice to Proceed (or from receipt of City provided Information as requested) at which time PEC will submit cople., of the completed report to the City of Delray Beach. The Project Manual will be prepared and submitted to the City (In draft form) within 90 days from Notice to Proceed. Construction Drawings Preparation completion schedules will be d~veloped on a ~a.~e by case ba.clls as requested by the City of Delray Beach and will not be a part of this complt:tlon schedule. Detailed Completion Sthedule Is Included In Attachment "e", - .2. " - .. . , . CONSULTING SERVICE AUTHORIZATION No, 4 Continued 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, APPROVED BY THE CITY OF PROFESSIONAL ENGINEERING DELRA Y BEACH CONSULTANTS,INC, - DAY OF .1992 BY: Tom R, Kelley. P,E, Type or Print Date: (SEAL) CITY OF DELRA Y BEACH, a municipal corporation of the STATE OF FLORIDA ATTEST: BY: MAYOR BEFORE ME, the foregoing instrument, this _ day of , 1992 was acknowledged by Tom R. Kelley. P,E, , ATTEST: , a duly authorized officer of Professional Engineering Consultants. Inc, BY: on behalf of the Corporation and said person executed the same free and voluntarily for the purpose therein expressed, APPROVED AS TO FORM: BY: WITNESS my hand and seal in the County and City Attorney State aforesaid this _ day of , 1991. Notary Public State of Florida My Commission Expires: (SEAL) - 3 - - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER -~'J SUBJECT: AGENDA ITEM # ~;= - MEETING OF MARCH 11, 1992 RESOLUTION NO, 29-92 DATE: March 6, 1992 This is a resolution urging the Solid Waste Authority to continue its present disposal billing system, and to continue working closely with municipalities to develop waste reduction/minimization programs, The Solid Waste Authority feels that to adequately address the problem of soaring costs of waste management, a volume based disposal program is necessary, A Split Assessment/Volume Based Task Force has been formed to explore problems associated with a split assessment/volume based "pay-as-you-throw" rate system for waste disposal, As proposed this program would provide single family residents with an incentive to reduce their waste bills by reducing the amount of trash and waste they set out for collection, Based on the experience of other cities, our staff believes this change would lead to wide spread illegal dumping, We are also concerned about the increased cost to lower income families. The Task Force has recommended that, if the current system must be changed, the desired results can be achieved through a combination/goal based disposal billing system without the split assessment, Staff therefore, recommends that the Commission adopt this proposed resolution and further, that the Mayor communicate to the Solid Waste Authori ty, via letter, the City IS opposition to any change in the current disposal assessment structure, Recommend approval of Resolution 29-92 and recommend that the Mayor communicate to the Solid Waste Authority, via letter, the City IS opposition to any change in the current disposal assessment structure, ~6-0 " - MEMORANDUM TO: DAVID HARDEN - CITY MANAGER FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT :5f;t~ SUBJECT: VOLUME BASED DISPOSAL OF SOLID WASTE DATE: MARCH 4, 1992 ITEM BEFORE THE COMMISSION: A resolution of the City Commission urging the Solid Waste Authority ( SWA) to continue its present billing system for disposal of garbage and trash, and to work closely with municipalities to develop programs for waste reduction/minimization, BACKGROUND: The SWA feels that to adequately address the problem of the soaring costs of solid waste management, a volume based disposal program is necessary. This would provide single family residents with an incentive, through the ability to decrease their waste bills, to reduce their garbage and trash. By doing so, the county would be able to reduce solid waste generated within its borders decreasing the need for additional infrastructure and extending the useful life of the existing facilities, In accordance with SWA Governing Board direction a Split Assessment/Volume Based Task Force was formed to explore problems associated with a split assessment/volume based "pay-as-you- throw" rate system for waste disposal, Attendance at these meetings exceeded 40 persons representing municipalities, haulers, and the public, all of whom were treated and participated as Task Force members, The Task Force is recommending that; if the current system must be changed, the desired results of equity and waste reduction can be achieved through a combination/goal based disposal billing system without the split assessment. This system can be implemented with the least impact. The final report of this Task Force, providing recommendations, is attached. RECOMMENDATION: The Department of Community Improvement recommends the adoption of the resolution urging the Solid Waste Authority to continue working within the existing system to reduce waste, It is further recommended that the Commission authorize the Mayor to communicate, via letter, the City's opposition to any change in the current disposal assessment structure. . --~--_._--- --. --- ---~.__.- RESOLUTION NO. 29-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE SOLID WASTE AUTHORITY TO CONTINUE ITS PRESENT DISPOSAL BILLING SYSTEM, AND TO CONTINUE WORKING CLOSELY WITH MUNICIPALITIES TO DEVELOP WASTE REDUCTION/MINIMIZATION PROGRAMS. WHEREAS, tL Solid Waste Authority of Palm Beach County is considering a split assessment system and a volume based system of charging waste disposal fees; and, WHEREAS, the Solid Waste Authority created a special sixty \ 60) day task force to investigate the assessment and fee issues; and, WHEREAS, this task force is submitting a recommendation that would substantially change the method of charging disposal; and, WHEREAS, the City has developed recycling programs that are successfully reducing the amount of waste that must be placed in disposal facilities; and, WHEREAS, the Solid Waste Authority should continue its present billing system, and should continue to work closely with municipalities to develop waste reduction/minimization programs that meet the common goals of the municipalities and the Solid Waste Authority, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The above recitals are incorporated as though fully set forth herein, Section 2. The City Commission of the City of Delray Beach, Florida, strongly urges the Solid Waste Authority to continue its current disposal billing system, and continue working closely with municipalities to develop waste reduction/minimization programs that meet the common goals of municipalities and the Solid Waste Authority. Section 3, The City Commission strongly states that the societal costs for the City of Delray Beach, in the form of social inequity and environmental degradation resulting from increased illegal dumping associated with the recommended disposal billing system, make the recommended system unacceptable. Section 4, The City Commission recommends that the Solid Waste Authority continue to work closely with municipalities to develop solid waste management programs that meet the need of the municipalities while still meeting waste reduction goals. Section 5. The City Clerk is directed to provide the Solid Waste Authority Board and all other interested parties with copies of this Resolution immediately subsequent to adoption, Section 6. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED in regular session on this the day of , 1992. MAY 0 R ATTEST: . City Clerk , . SPLIT ASSESSMENTNOLUME-BASED SYSTEM TASK FORCE FINAL REPORT AND RECOMMENDATIONS BACKGROUND In accordance with Governing Board direction on December 18, 1991, the Split AssessmenWolume-Based System Task Force was formed and met weekly to explore the problems associated with both the split assessment and volume-based "pay-as-you-throw" rate system for garbage disposal. Since the first meeting on January 10, 1992, interest in the activities of the Task Force was significant, Attendance frequently exceeded 40 persons representing municipalities. haulers and the public, all of whom who were treated and participated as Task Force members. PROCESS The Task Force utilized an informal, creative problem-solving and consensus building approach that encouraged the active participation of all attendees, not just the Task Force members, This approach involved identifying the problems created by each system, attempting to identify solutions and evaluating how well each system might work in our community, Initially, the Task Force set out to address the problems associated with three "pay-as-you-throw" systems implemented in other parts of the country: Subscription, BaglTag, and Combination. During the course of our meetings, other systems emerged as worthy of consideration: Weight-Based. Goal-Based and the Combination System without the Split Assessment. As a framework for planning, goal-setting and monitoring results, the Goal-Based approach received such support that it ultimately became part of the tinal Task Force recommendation. RECOMMENDATIONS First and foremost, public information and education must be emphasized and generously funded to encourage reduction, reuse and recycling; discourage illegal dumping; and inform the public on solid waste management plans, Secondly, if the current system must be changed, the desired results of equity and waste mduction may be achieved through the Combination/Goal-Based system without the split assessment (See Table 1). Compared to the other systems, this system can be implemented with the least impact, COMBINATION/GOAL-BASED SYSTEM (WITHOUT SPLIT ASSESSMENT) This system provides the customer with a base level of service (BLOS) with additional waste requiring special bags or tags, Unlimited recycling is also part of the system, apparently free but actually imbedded in the fixed costs, Base level of service disposal costs are billed annually as a special non-ad valorem line item on the tax bill; disposal costs for additional bags are included in the cost of the bag, Implementation would involve a gradual decrease in the level of service over a five year period with intensive public education an&tinformation, The Combination system is very similar to the existing system because it provides a base level of service and most existing cans and containers can be used, It has the advantage of gradual implementation which can serve to overcome public resistance, " GENERAL FINDINGS RECYCLING AND RECYCLABLES: The Task Force agreed that any change in the disposal rate system should provide a direct relationship between use and cost and should encourage the "3 R's:" Waste Reduction, Reuse and Recycling, It was also agreed that in addition to encouraging the public to "do its part," government should help to expand markets for recyclable materials by purchasing recycled products whenever possible and reasonable. Furthermore, the Task Force agreed that the commercial sector, a substantial contributor to the waste stream, should be encouraged by SWA programs to increase recycling efforts. PUBLIC EDUCATION AND INFORMATION: Regardless of the system chosen for implementation, public information and education is essential. The SWA Governing Board must adequately fund a public information program, and the SWA must implement it as quickly as possible if any system is to succeed, ILLEGAL DUMPING: While illegal dumping exists to some extent now, the Task Force concluded that the disposal rate system will cause an Increase In this activity, To the extent possible, illegal dumping should be carefully monitored and if a problem becomes apparent, a Task Force should be appointed to address it. PILOT PROGRAMS: If any system other than that recommended by the Task Force is adopted, one or more carefully designed, controlled and monitored pilot programs are suggested. Because the recommended system involves gradual transition over a period of five years, pilot programs are not necessary , EXISTING CONTRACTS AND FRANCHISES: Depending upon the speed with which implementation 01 changes is pursued, existing contracts and franchises may require re-negotiation, SYSTEMS. SPECIFIC FINDINGS SPLIT ASSESSMENT: The Tasl<, Force concluded that the Split Assessment should not be adopted because it will require time and money to design, staff and implement billing systems, Given current economic conditions there is little likelihood of political support for, or public acceptance of, increasing taxes to fund additional staff for the purpose of implementing a Split Assessment. Additionally, it was felt that the Split Assessment creates an education, information and public relations prOblem at all levels, The Task Force recommendation is a system wherein the assessment need not be split, however if the Governing Board should choose not to follow this recommendation and instead adopts the split, the Solid Waste Authority should either assume total administrative and financial responsibility for billing, or reimburse the cities for the cost of billing, In either case, planning and publiC information should precede any change in the current method of billing, ~ . . , . WEIGHT.BASED This system requires the hauler to weigh the garbage, and bulk waste set out for collection by each customer, Customers .pay-by-the-pound. with the cost of ''free" recycling embedded in the cost-per-pound of garbage, Concerns and Findings: While the weight-based system is the most equitable, it is also potentially the most expensive to implement. Current estimates of the cost of retro-fitting existing trucks are in the range of +/- $17,000 per vehicle exclusive of on-board computer technology and personnel training, The Task Force acknowledges that the required technology may become more affordable in the future, but does not under the current economic conditions find the system feasible for implementation, GOAL.BASED APPROACH TO PLANNING This approach is not itself a system but rather a planning tool that allows each city to work with the SWA to establish a five year plan with specific goals for waste reduction and recycling, The city and SWA would develop a plan to meet those goals and monitor the results, If at the end of the five year period, the goals are not met, the SWA, working with the cities, will develop an alternative system, Concerns and Findings: While planning is an important aspect of any program, the Task Force was concerned that this approach could lead to 38 different programs and an administrative burden on the SWA. MUL TI.F AMIL Y CONTAINERIZED SERVICE While multi-family containerized service is similar to commercial service in that collection fees are based on the volume of waste which could be placed in a dumpster or other large container, there is no direct relationship between the amount of waste generated by each household and the fee paid for disposal of that waste. The Task Force agreed that if a volume-based system were to be implemented for the residential Y/aste stream, and multi-family containerized customers create 20-25% of the waste stream, some effort should be made to extend the system to these users. The Task Force concluded that another committee or entity with a process for public participation should thoroughly explore issues such as container sizes and recycling for multi-family service. ~ . " . , , M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERtttv1 SUBJECT: AGENDA ITEM # 9 r; - MEETING OF MARCH 11, 1992 APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY DATE: MARCH 6, 1992 Due to the resignation of William Maher from the Delray Beach Housing Authority, a vacancy has been created for an unexpired term ending on October 27, 1995. According to Florida Statutes, "No commissioner of an authority may be an officer or employee of the city for which the authority is created." Furthermore, at least one member must be a resident of the housing project(s) served by the Authority. There is a member/resident currently on the board. The new appointee need not be a resident of Delray Beach. The following individuals have expressed an interest in being appointed to the Housing Authority and have submitted their resumes for consideration: Walter O. Barry Herbert F. Freese Richard Brautigan Lawrence A. Hunt Charles E. Broadnax Lenard Chris Johnson J. Pierre-Paul Cadet Karen Kiselewski Wilbur v. Chaney Richard P. LiCastri Bonnie Cipriani Rosalind Murray Joel Christopher Sam Schwimer Thomas J. Duggan Jay Slavin Per statute, members are appointed by the Mayor and ratified by the Commission. However, by prior Commission consensus, each Commissioner, on an informal basis and according to the rotation sequence, makes a recommendation to the Mayor as to Housing Authority appointees. In this instance, both the recommendation and the appointment are to be made by Mayor Lynch. Pursuant to Commission direction, a check for code violations and property liens has been conducted. According to City records, none of the applicants has any outstanding violations with the exception of Dr. Cadet. A summary is attached to his application. Recommend appointment of a member to the Delray Beach Housing Authority to fill an unexpired term ending on October 27, 1995. ., , , : . CIn OF DELlAY BEACH ,-BOARD MEMBER APPLICATION NAME C~ \7[)H'1"n P/h!AE - ~ - HOME ADDRESS (Street. City. Zip Code) (LEGAL RESIDENCE) ~OO ~,;-~ ~ ~Ii ~i? PRINCIPAL BUSINESS ADDRESS (Street. City. Zip Code) 7t);l. U) ~/)'t: AJ11!" .I If, 31 ~ 'J7 HOM! PHONE {ftJ?)~" "SO BUSINESS PHONE ffJ3)~)'-3()OO ON WHAT BOARDS 'ARE YOU INTERESTED IN SnVING ' . . . Of" . .... . HtJldl-;'; ~ ~ nro;e1 ry . LIST ALL CITY BOARDS ON WHICH YOU ARE CUlUtENTLY SnVING 01 HAVE PREVIOUSLY SERVED (Please include daces) H",",,)JI,J /4"'~t:At4) c"'''''-.4~ of tD,""'~ct!" <!JF ~ UIf4{",i;.;- ~ ""1Ie141.J ~.;/,a)lJttriT)", H~INJ / ,P4I'1J~cQUNI'y ""Mi~.Fi?Q~ , EDUCATIONAL QUALIFICATIONS ""Nr~ dOd7J-Ie LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD Ih~ ~~/ ~f'uAl(i~~1I ,oNY~a"f1"J / , . , GIVE YOUR PRESENT. 01 MOST RECENT EMPLOYER. AND POSITION J6'CF -evnM~t!)A p-ar~~f~ DESCRIBE EXPERIENCES. snus 01. KNOWLEDGE WHICH QUAJ..IFY YOU TO SERVE ON THIS BOARD H'r ~~ p- 4.!V~ 4:he.1H701f1 h~ WtI.;lJuAli'N ':;:;"'vf)"IIIJyt.~;v / PI"~/ (JhJ1~vA/'i1'lt' ~~ .~e'/ ~k/r'~6MMp?t:Jt N~~ , all ~ &u;-/ firtJlJ(,;'1re./'i:f ~ ~rdb~ tJ1?~2A?')~ / PLEASE ATTACH A BRIEF RESUME. r HElDY CERTIFY THAT ALL THE ABOVE STATEMENTS All! TRUE. AND I AGIU AND UNDERSTAND THAt ANY MISStATEHEBT OF MATERIAL FACTS CONTAINED IN 'IBIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PAllt OF ANY A1'POIN'IMENT I MAY RECEIVE. ac {}~I "6'~a:L , DATE 4/90 ,. , J. Pierre-Paul Cadet 702 West Atlantic Avenue Delray Beach, FL 33444 Nuisance abatement liens, as follows: (1) Resolution No. 86-89 passed 11/14/89 Amount assessed: $82.28, plus interest accrued from date of recording of lien (12/21/89) = $96.49. For property located at the northwest corner of N.W. 7th Avenue and West Atlantic Avenue. Violation: Sec. 100.01 - Land to be kept free of debris, vegetation, matter constituting hazards; declared nuisance. (2 ) Resolution No. 63-91 passed 8/27/91 Amount assessed: $147..72, plus interest accrued from date of recording of lien (10/2/91) = $151.64. For property located within first block of N.W. 7th Avenue. Violation: Sec. 100,01 - Land to be kept free of debris, vegetation, matter constituting hazards; declared nuisance. As of March 6, 1992, these assessments remain outstanding. " '. " " , _. RESOLUTION NO, 86-89 A RESOLUTION OF THE CITY CO~~ISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS, WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100,20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100,21 and 100,22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100,04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100,22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner (s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), . '. " , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISS ION 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 Reach 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 14th day of November, 1989 has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums, A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution, Section 4, That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property (s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee, Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee, PASSED AND ADOPTED in regular session on this the 14th day of November , 1989. ~ -(&.~~,~ MAY 6 R ATTEST: ~~.o(~4~ // ity Clerk , - 2 - p PC::. 1\1 n. Q ( ':) () ., " . COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT LOT 11, SUB, OF N 1/2 OF SE SAINVILCA & MARIE Y. $ 50,00 1/4 OF SE 1/4 OF SW 1/4 OF BRUNY (HUSBAND & vHFE) 50.00 (ADM, COST) UNREC" SEC, 17-46-43, PUBLIC 921 S,W. 3RD COURT 2.28 (RECORDING) RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33444 $102.28 (921 S.W. 3RD COURT) LOT 7, BLOCK 4, CHATELAINE NO, HIGINIO GAGO $ 45.00 1, PB 29, P 95, PUBLIC RECORDS 2826 NORTH DIXIE HWY 50.00 (ADM, COST) PALM BEACH COUNTY, FL BOCA RATON,FL 33431-6844 2,28 (RECORDING) (3530 BOULEVARD CHATELAINE) $ 97.28 S45' OF LOT 19, BLOCK 1, JAMES & SYLVIA CAMPBELL $ 45.00 PINECREST SUB" DELRAY, PB 14, (HUSBAND & WIFE) 50,00 (ADM. COST) P 46, PUBLIC RECORDS, PALM 4250 S,W. 21ST STREET 2,28 (RECORDING) BEACH COUNTY, FL HOLLYWOOD, FL 33023 $ 97,28 (123 N,W. 12TH AVENUE) LOT 14, SUB. OF N 1/2 OF SE LAVERND WHITEST $ 45.00 1/4 OF SE 1/4 OF SW 1/4 UNREC, BARBARA A, HENDLEY 50.00 (ADM, COST) SEC. 17-46-43, PUBLIC RECORDS 907 S,W. 3RD COURT 2,28 (RECORDING) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 $ 97.28 (907 S,W. 3RD COURT) S25' OF N135' OF W35' OF E135' GREAT SOUTHERN $ 48.00 OF BLOCK 21, TOWN OF DELRAY, P,O, BOX 15262 50.00 (ADM. COST) PB 1, P 3, PUBLIC RECORDS, WEST PALM BCH, FL 33416 2,28 (RECORDING) PALM BEACH COUNTY, FL $100.28 (S.W, 5TH AVENUE) LOT 11, BLOCK 19, TOWN OF LILLIAN ROLLE $ 25.00 DELRAY, PB 11, P 73, PUBLIC 137 N,W, 6TH AVENUE 25.00 (ADM, COST) RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33444 2.28 (RECORDING) (N,W, 6TH AVENUE) $ 52.28 LOT 12, BLOCK 19, TOWN OF LILLIAN ROLLE $ 25,00 DELRAY, PB 11, P 73, PUBLIC 137 N.W, 6TH AVENUE 25.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33444 2.28 (RECORDING) (N,W. 6TH AVENUE) $52,28 S5' OF LOT 1, BLOCK 30, TOWN SYLVIA SCHUPLER TRUST $ 27,50 OF DELRAY, PB 1, P 3, PUBLIC 3101 WASHINGTON ROAD 25,00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL WEST PALM BCH, FL 33405 2.28 (RECORDING) (S.W, 5TH AVENUE) $ 54,78 N71.5' OF LOT 2, BLOCK 30, SYLVIA SCHUPLER TRUST $ 27.50 TOWN OF DELRAY, PB 1, P 3, 3101 WASHINGTON ROAD 25,00 (ADM. COST) PUBLIC RECORDS, PALM BEACH WEST PALM BCH, FL 33405 2.28 (RECORDING) COUNTY, FL $ 54.78 (S.W. 5TH AVENUE) LOT 15, BLOCK 46, TOWN OF STRAGHN ENTERPRISES OF $ 45.00 DELRAY, PB 1, P 3, PUBLIC DELRAY, INC. 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL 26 S,W. 5TH AVENUE 2.28 (RECORDING) (S.W, 2ND AVENUE) DELRAY BEACH, FL 33444 $ 97,28 LOT 35 (LESS S25') & LOT 36, JOHN CUNNINGHAM $ 60,00 BLOCK 8, OSCEOLA PARK, PB 3, 705 S.E. 2ND AVENUE 50.00 (ADM. COST) P 2, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33483 2,28 (RECORDING) BEACH COUNTY, FL $112,28 (705 S.E, 2ND AVENUE) LOT A, BLOCK 2, BELAIR HGTS, JOHN ANDRE~'1S $ 32,50 DELRAY, PB 20, P 45, PUBLIC P.O. BOX 1141 25,00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33447 2,28 (RECORDING) (WEST ATLANTIC AVENUE) $ 59.78 . -3- Res. No, 86-89 " ,. W80' OF E300' OF S130' OF JOHN ANDREWS $ 32.50 N145' OF LOT 9/LESS R/W SR P ,0. BOX 114 1 25.00 (ADM. COST) 806, SUB, 17-46-43, PB 1, P DEL RAY BEACH, FL 33447 2.28 (RECORDING) 3, PUBLIC RECORDS, PALM $ 59,78 BEACH COUNTY, FL (WEST ATLANTIC AVENUE) LOT 5, BLOCK A, WEST SIDE HARRY B, & CAROLYN J. $ 50.00 HEIGHTS, DELRAY, PB 13, P 61, HAGWOOD (HUSBAND & WIFE) 50,00 (ADM, COST) PUBLIC RECORDS, PALM BEACH 502 S,W, 6TH AVENUE 2.28 (RECORDING) COUNTY, FL DELRAY BEACH, FL 33444 $102.28 (129 N,W, 10TH AVENUE) LOT 29, BLOCK 3, DELRAY YVONNE RAMEAU $ 50.00 SHORES, PB 24, P 33, PUBLIC P,O. BOX 3102 50,00 (ADM, COST) RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33447 2.28 (RECORDING) (3425 DORSON WAY) $102,28 LOT 19, BLOCK 10, ATLANTIC EVELYN CLINTON $ 35,00 GARDENS, DELRAY, PB 14, P 63, 111 N,E. 16TH AVENUE 50.00 (ADM, COST) PUBLIC RECORDS, PALM BEACH BOYNTON BEACH, FL 33435 2,28 (RECORDING) COUNTY, FL $ 87.28 (S,W, 10TH AVENUE) S50' OF N150' OF E135' OF SHULER'S MEMORIAL CHAPEL $ 40.00 BLOCK 13, TOWN OF DELRAY, PB INC. 50,00 (ADM. COST) 1, P 3, PUBLIC RECORDS, PALM 118 S,W. 11TH AVENUE 2,28 ( RECO RD ING) BEACH COUNTY, FL DELRAY BEACH, FL 33444 $ 92.28 (14 S.W, 6TH AVENUE) S 1/2 OF LOT 5, BLOCK 30, ETHEL J, MACKEY $ 45.00 TOWN OF DELRAY, PB 1, P 3, % SHIRLEY M, WALLACE 50.00 (ADM, COST) PUBLIC RECORDS, PALM BEACH 1120 N,W, 64TH STREET 2,28 (RECORDING) COUNTY, FL MIAMI, FL 33150 $ 97.28 (S.W, 5TH AVENUE) S43.25' OF LOT 3, BLOCK 30, STRAGHN ENTERPRISES OF $ 45,00 TOWN OF DELRAY, PB 1, P 3, DELRAY, INC. 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 26 S.W. 5TH AVENUE 2.28 (RECORDING) COUNTY, FL DELRAY BEACH, FL 33444 $ 97,28 (117 S,W. 5TH AVENUE) S30' OF LOT 6, BLOCK 28, TOWN LEONARD DAVIS $ 40.00 OF DELRAY, PB 1, P 3, PUBLIC % GENERAL DELIVERY 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL V,A, BRANCH P,O, 2,28 (RECORDING) (N.W, 5TH AVENUE) LOS ANGELES, CA 90073 $ 92,28 LOT 11, BLOCK 3, DELRAY BEATRICE LYN BAFUMO $ 40,00 SHORES, PB 24, P 233, PUBLIC R,J, BAFUMO, EST, 50,00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL 10 S,E. ANGLER DRIVE 2,28 (RECORDING) (10 S,E, ANGLER DRIVE) DELRAY BEACH, FL 33445 $ 92.28 N65' OF LOT 6 & N65' OF DAVID C, & FELICE p, $ 55.00 S88,04' OF LOT 7, BLOCK D, LEDBETTER (HUSBAND/WIFE) 50,00 (ADM, COST) SUNNY ACRES, PB 21, P 63, 760 N,W, 7TH STREET 2.28 (RECORDING) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 $107,28 COUNTY, FL (1212 GERMANTOWN ROAD) LOT 16, NICHOL'S 1ST ADDITION FRANCK & ELNA FRANCOIS $ 50.00 TO DELRAY BEACH, PB 21, P 69, (HUSBAND AND WIFE) 50,00 (ADM. COST) PUBILC RECORDS, PALM BEACH 1351 S.W, 27TH PLACE 2.28 (RECORDING) COUNTY, FL BOYNTON BEACH, FL 33435 $102,28 (704 SOUTH SWINTON AVENUE) S60' OF N140.6' OF BLOCK 56, LILLIAN MUNNINGS $ 65,00 TOWN OF DELRAY, PB 20, P 55, 303 S,W, 2ND AVENUE 50,00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 2.28 (RECORDING) COUNTY, FL $117,28 (S,N. 2ND AVENUE) . -4- Res. No, 86-89 'I LOT 6, BLOCK 23, TOWN OF MARY BOLDEN ESTATE $ 65.00 DELRAY, PB 10, P 69, PUBLIC 229 S.W. 6TH AVENUE 50,00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33444 2,28 (RECORDING) (220-222 S,W, 5TH AVENUE) $117,28 S77,5' OF LOT 6 & S23,04' OF DAVID C. & FELICE P. $ 55,00 LOT 7, BLOCK 0, SUNNY ACRES, LEDBETTER 50,00 (ADM. COST) PB 21, P 63, PUBLIC RECORDS, (HUSBAND & WIFE) 2,28 (RECORDING) PALM BEACH COUNTY, FL 760 N,W, 7TH STREET $107,28 (1216 GERMANTOWN ROAD) DELRAY BEACH, FL 33444 S33' OF LOT 5 & N22,5' OF LOT JOHN T, LOUNSBURY, $ 55.00 6, BLOCK 74, TOWN OF DELRAY, RICHARD & DONNA L. 50,00 (ADM, COST) PB 11, P 12, PUBLIC RECORDS, LOUNSBURY 2,28 (RECORDING) PALM BEACH COUNTY, FL 8284 SE PRINCESS TREE RD $107.28 (227 N,E, 1ST AVENUE) HOBE SOUND, FL 33455 N50' OF S250' OF E145' OF LOT LESTER HUMPHREY, MATTIE $ 40,00 9, SUB, OF SEC. 17-46-43, PB HUMPHREY & INEZ BLOUNT 50.00 (ADM, COST) 1, P 3, PUBLIC RECORDS, PALM 40 S,N. 8TH AVENUE 2.28 (RECORDING) BEACH COUNTY, FL DELRAY BEACH, FL 33444 $ 92.28 (38 S. W. 8TH AVENUE) LOT 28, CARVER SQUARE, PB 24, ROSE A. DAVIS $ 50.00 P 11, PUBLIC RECORDS, PALM MAREL EDGECOMBE 50,00 (ADM, COST) BEACH COUNTY, FL 709 S.E, 3RD STREET 2,28 (RECORDING) (709 S,W, 3RD STREET) DELRAY BEACH, FL 33444 $102.28 S50' OF E135' OF BLOCK 13, DAISY BELL MANNING $ 10,00 TOWN OF DELRAY, PB 1, P3, 48 S.W, 6TH AVENUE 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 2.28 (RECORDING) COUNTY, FL $ 62.28 (SW 6TH AVE, & SW 1ST ST) LOT 14, BLOCK B, CARVER RUFUS NORMAN ESTATE $ 65,00 MEMORIAL PARK SUB" PB 20, % C, NORMAN 50,00 (ADM. COST) P 56, PUBLIC RECORDS, PALM 1720 N.W, 8TH STREET 2.28 (RECORDING) BEACH COUNTY, FL MIAMI, FL 33147 $117.28 (NW 3RD ST, & NW 14TH AVE,) LOT 1, PARADISE HEIGHTS, PB CHARLENE G, PATRICK $ 32,50 24, P 113, PUBLIC RECORDS, P.O, BOX 97841 25.00 (ADM, COST) PALM BEACH COUNTY, FL RALEIGH, NC 27624 2,28 ( RECORDING) (NW 6TH AVE, & NW 3RD ST) $ 59,78 LOT 2, PARADISE HEIGHTS, PB CHARLENE G. PATRICK $ 32,50 24, P 113, PUBLIC RECORDS, P.O, BOX 97841 25.00 (ADM. COST) PALM BEACH COUNTY, FL RALEIGH, NC 27624 2,28 ( RECORDING) (NW 6TH AVE, & NW 3RD ST.) $ 59,78 N30' OF E135' OF BLOCK 10, JAMES & BERNICE IVY $ 45,00 TOWN OF DELRAY, PB 1, P 3, (HUSBAND AND WIFE) 50,00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 510 E, 28TH STREET 2,28 (RECORDING) COUNTY, FL PATTERSON, NJ 07514 $ 97.28 (NW 6TH AVE, & NW 3RD ST,) LOT 20, BLOCK 103, TOWN OF SAM PUGLIESE, R.PUGLIESE $ 16,68 DELRAY1 PB 2, P 19, PUBLIC PAULETTE A. STEFANKO 16.68 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL ET AL, TRS. 2,28 ( RECORDING) (S,E, 4TH AVENUE) 7699 N,E. 8TH COURT $ 35.64 BOCA RATON, FL 33487 LOT 21, BLOCK 103, TOWN OF SAM PUGLIESE, R.PUGLIESE $ 16,66 DELRAY, PB 2, P 19, PUBLIC PAULETTE A, STEFANKO 16.66 (ADM, COST) RECORDS, PALM BEACH COUNTY,FL ET AL, TRS. 2,28 (RECORDING) (S,E, 4TH AVENUE) 7699 N,E. 8TH COURT $ 35.60 BOCA RATON, FL 33487 LOT 22, BLOCK 103, TOWN OF SAM PUGLIESE, R.PUGLIESE $ 16.66 DELRAY, PB 2, P 19, PUBLIC PAULETTE A, STEFANKO 16,66 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL ET AL, TRS. 2.28 (RECORDING) (S.E. 4TH AVENUE) 7699 N,E, 8TH COURT $ 35.60 BOCA RATON, FL 33487 . -5- Res. No. 86-89 .t ,. LOT 1, BLOCK 23, TOWN OF JOHN PATMAN $ 30.00 DELRAY, PB 10, P 69, PUBLIC JAMES PATMAN 50,00 (ADM, COST) RECORDS, PALM BEACH COUNTY,FL 82 N.W. 5TH AVE,,#l5 2.28 (RECORDING) (202 S,W, 5TH AVENUE) DELRAY BCH,FL 33444-2676 $ 82,28 LOTS 1 TO 3 INC., & S 1/2 OF GIUETTO ENTERPRISES INC, $ 35.00 E110' OF ABNDED 20' ALLEY LYG % ROCCO BENEDETTO 50.00 (ADM. COST) N & ADJ THERETO, BLOCK 1, P.O. BOX 76065 2,28 (RECORDING) DELRAY BEACH HEIGHTS EXTENSION OCALA, FL 32676 $ 87,28 SECTION A, PB 26, P 83, PUBLIC RECORDS, PALM BEACH COUNTY, FL (1601 S.W. 10TH STREET) N50' OF S356.4' OF E135' OF ADELENE JENKINS $ 55.00 BLOCK 24, TOWN OF DELRAY, PB 245 S,W. 12TH AVENUE 50.00 (ADM, COST) 1, P 3, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 2.28 (RECORDING) BEACH COUNTY, FL $107.28 (322 S,W, 5TH AVENUE) LOT 2, BLOCK 1, ROSEMONT PARK, FRANCINE CLINTON $ 50.00 DELRAY, PB 13, P 60, PUBLIC 1501 N,W, 1ST STREET 50.00 (ADM, COST) RECORDS, PALM BEACH COUNTY, FL BOYNTON BEACH, FL 2,28 (RECORDING) (605 S,W. 5TH AVENUE) 33435-2602 $102.28 LOTS 11, 12, 13 & 14, BLOCK VERNON VARIANCE $ 45,00 3, ROSEMONT PARK, DELRAY, PB IVAL STIRRUP 50,00 (ADM. COST) 13, P 60, PUBLIC RECORDS, PALM 641 S.W, 6TH AVENUE 2,28 (RECORDING) BEACH COUNTY, FL DELRAY BEACH, FL 33444 $ 97,28 (641 S.W. 6TH AVENUE) S50' OF N208' OF W 1/2 OF E HAZEL SANDERS $ 50.00 1/2 OF N 1/2 OF LOT l/LESS P. O. BOX 1162 50,00 (ADM, COST) E25' RD R/W, SUB. OF SECTION CRYSTAL RIVER, FL 32629 2,28 ( RECORDING) 20-46-43, PB 28, P 68, PUBLIC $102,28 RECORDS, PALM BEACH COUNTY,FL (S.W, 5TH AVENUE) LOT 15, BLOCK B, RIDGEWOOD PAUL PROSPERE $ 60,00 HEIGHTS, DELRAY, PB 14, P 44, CHRISTINE SAUVEUR 50,00 (ADM, COST) PUBLIC RECORDS, PALM BEACH 406 S,W, 9TH STREET 2.28 (RECORDING) COUNTY, FL DELRAY BEACH, FL 33444 $112,28 (S.W. 8TH AVENUE) LOT 4, BLOCK 1, COLONIAL J,M. & CLOVIS L,R, $ 60.00 HEIGHTS, PB 26, P 69, PUBLIC ILDEFONSO (HUSBAND&WIFE) 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL 707 S,W, 8TH COURT 2.28 (RECORDING) (707 S,W, 8TH COURT) DELRAY BEACH, FL 33444 $112,28 W76' OF E101' OF N120' OF PIERRE p, CADET $ 30,00 S140' OF E 1/2 OF S 1/2, BLOCK 702 W, ATLANTIC AVENUE 50,00 (ADM, COST) 4, TOWN OF DELRAY, PB 1, P 3, DELRAY BEACH, FL 33444 2.28 (RECORDING) PUBLIC RECORDS, PALM BEACH $ 82,28 COUNTY, FL (NW 7TH AVE. & W.ATLANTIC AVE) LOT 5, BELLEHAVEN UNIT A, PB EDDIE & JUANITA TRIPP $ 50.00 26, P 164, PUBLIC RECORDS, (HUSBAND & WIFE) 50,00 (ADM, COST) PALM BEACH COUNTY, FL 316 S,W. 11TH AVENUE 2,28 (RECORDING) (316 S,W. 11 TH A VENUE) DELRAY BEACH, FL 33444 $102.28 LOT 3, BLOCK 47, TOWN OF ROBERT G.&PATRICIA ALLEN $ 55,00 DELRAY, PB 12, P 81, PUBLIC (HUSBAND AND WIFE) 50,00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL 206 S.W, 2ND AVENUE 2,28 (RECORDING) (206 S.W. 2ND AVENUE) DELRAY BEACH, FL 33444 $107.28 LOT 1, BLOCK C, RIDGEWOOD JUAN GONZALES $ 35.00 HEIGHTS, DELRAY, PB 14, P 44, 1108 S,W, 8TH AVENUE 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DEL RAY BEACH, FL 33444 2.28 (RECORDING) COUNTY, FL $ 87.28 (S,W, 8TH AVENUE) . -6- Res. No, 86-89 ., . W125' OF NE 1/4 OF LOT II/LESS HELEN M. KOWALSKI $ 55,00 N300', SUB, OF SEC. 8-46-43, 337 N.E. 3RD AVENUE 50,00 (ADM. COST) PB 1, P 3, PUBLIC RECORDS, DELRAY BEACH, FL 33444 2.28 (RECORDING) PALM BEACH COUNTY, FL $107,28 (N.W. 6TH STREET) LOT 1 & W3' OF LOT 2, BLOCK 2, MAE BELL ERVIN $ 50.00 SUNNY HEIGHTS AMND., PB 27, 709 N,W. 4TH STREET 50,00 (ADM. COST) P 194, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 2.28 (RECORDING) BEACH COUNTY, FL $102,28 (326 S.W. 8TH STREET) LOTS 1 & 14, BLOCK 6, REPLAT LORETTA R, JAMES $ 30,00 OF DELRAY BEACH HEIGHTS EXT, 1541 N.W, 10TH STREET 50.00 (ADM. COST) SECTIONS A & B, PB 28, P BOCA RATON, FL 33486 2,28 (RECORDING) 171, PUBLIC RECORDS, PALM $ 82,28 BEACH COUNTY, FL (937 S,W, 14TH AVENUE) S50' OF N300' OF W135' OF T. & OLETHA JONES $ 40.00 BLOCK 33, TOWN OF DELRAY, (HUSBAND AND WIFE) 50.00 (ADM, COST) PB 1, P 3, PUBLIC RECORDS, P.O. BOX 1571 2,28 (RECORDING) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447 $ 92,28 (N.W, 3RD AVENUE) S50' OF N250' OF W135' OF GERALD C, MEITZ $ 35.00 BLOCK 33, TOWN OF DELRAY, 624 EVERNIA STREET 50,00 (ADM, COST) PB 1, P 3, PUBLIC RECORDS, WEST PALM BCH, FL 33401 2.28 (RECORDING) PALM BEACH COUNTY, FL $ 87,28 (N,W. 3RD AVENUE) LOT 17, BLOCK 6, ATLANTIC CLEVELAND SHULER $ 50,00 GARDENS, DELRAY, PB 14, P 63, CLEVELAND SHULER, JR. 50.00 (ADM, COST) PUBLIC RECORDS, PALM BEACH 118 S.W. 11TH AVENUE 2.28 (RECORDING) COUNTY, FL DELRAY BEACH, FL 33444 $102.28 (118 S.W, 11TH AVENUE) S25,71 OF W 1/2 OF LOT 7 & JOHN & JOANNE S, LEHMAN $ 30,00 W 1/2 OF LOT 8, BLOCK 59 (OLD (HUSBAND AND WIFE) 25,00 (ADM, COST) SCHOOL SQUARE), TOWN OF 12041 N,W. 29TH PLACE 2.28 (RECORDING) DELRAY, PB 1, P 3, PUBLIC SUNRISE, FL 33462-5704 $ 57,28 RECORDS, PALM BEACH COUNTY,FL (15 N.W, 1ST AVENUE) S29,7' OF E 1/2 OF LOT 7 & JOHN & JOANNE S, LEHMAN $ 30.00 E 1/2 OF LOT 8, BLOCK 59 (OLD (HUSBAND AND WIFE) 25,00 (ADM. COST) SCHOOL SQUARE) TOWN OF 12041 N,W, 29TH PLACE 2.28 (RECORDING \ DELRAY, PB 1, P 3, PUBLIC SUNRISE, FL 33462-5704 $ 57.28 RECORDS,PALM BEACH COUNTY, FL (15 N.W. 1ST AVENUE) LOT 7, BLOCK 4, CHATELAINE HIGINIO GAGO $280,00 NO.1, PB 29, P 95, PUBLIC 2826 NORTH DIXIE HIGHWAY 50,00 (ADM, COST RECORDS, PALM BEACH COUNTY,FL BOCA RATON,FL 33431-6844 2,28 (RECORDING (3530 BOULEVARD CHATELAINE) $332.28 VIOLATION IS: SEC, 100,01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS: DECLARED NUISANCE, . -7- Res, No. 86-89 ., '. . _.__._-~---_._~.._.--._-_._._.._,----_.,.,.-._---_._...--- .-.-.---.,.- --_..._--- --- -.-.- -----_._-~ .-. .--'.-..----"-----.- --------- -- _. -----------~-------+ ----- - - . '-,"'-- ---- RESOLUTION NO, 63-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS, WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100,20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100,21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100,21 and 100,22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing whereil) a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance (s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said pro t . per y owner(s), " '. . . _ -----,------------ .----.--.----., ,'-_..- ....- --~'--'---.._-_.- ----~._--- . - ~- - .----.--.----.-------. -- '--"~-' ------ -----'.--- - ..---------... --- ...----.'----- --,---.-----. --.-- -----'--..--. --------._--- -------_.._----,----~,._---_.._-- -- -- ._.._-----~. -----------.-- --- ----.--- -------.-'.- . -----. ------~ ..-- --~---~~.~---~-_._._-- --..- - ._- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1, That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel (s) of land described in said report and in the amount(s) indicated thereon, Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law, Section 2, That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied, Section 3, That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner (s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the 27th day of August, 1991, has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution, Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s) , after which a lien shall be placed on said property(s) , and interest shall accrue at the rate of eight ( 8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee, Section 5, That in the event that payment has not been received by the City Clerk within thirty (30 ) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee, PASSED AND ADOPTED in regular session on this the 27th day of August , 1991. ~~. ATTEST: O~Aff)1!!( }/'!$!IIt11ir ~ty Cl k - 2 - Res, No, 63-91 . '. " . COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES FROPERTY DESCRIPTION OWNER ASSESSMENT LOTS 3 & 4, BLK 72, TOWN OF THOMAS G. MURRAY $ 51.00 DELRAY, PB 10, P 57, PUBLIC DEBORAH L. NOCERA 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL 6159 LA VIDA TERR 2.72 (RECORDING) (309 SOUTH SWINTON AVENUE) BOCA RATON, FL 33433 $123.72 LOT 17, BLK 2, PRIEST'S ADD W. & LOIS CLEMONS $ 85.00 TO ATLANTIC PARK GARDENS, 118 SW 14TH AVENUE 70.00 (ADM. COST) PB 23, P 70, PUBLIC RECORDS, BOX 1151 2.72 (RECORDING) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447 $157.72 (118 SW 14TH AVENUE) N35' OF LOT 3, BLK D, J. & MARIA URIDIALES $ 56.00 RIDGEWOOD HEIGHTS, DELRAY, 1401 NW 1ST COURT 70.00 (ADM. COST) PB 14, P 44, PUBLIC RECORDS, BOYNTON BEACH, FL 33436 2.72 (RECORDING) PALM BEACH COUNTY, FL $128.72 (SW 7TH AVENUE) S5' OF LOT 1 & N71.5' OF SYLVIA SCHUPLER, TRUST $ 16.00 LOT 2, BLK 30, TOWN OF DELRAY, 3101 WASHINGTON ROAD 70.00 (ADM. COST) PB 1, P 3, PUBLIC RECORDS, W. PALM BEACH, FL 33405 2.72 (RECORDING) PALM BEACH COUNTY, FL $ 88.72 (SW 5TH AVENUE) N70' OF E 136' OF BLK 71, WILBERT H. & $ 20.00 TOWN OF DELRAY, PB 1, P 3, GLORIA D. JONES & 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH CLAYTON N. JONES 2.72 (RECORDING) COUNTY, FL 206 SW 14TH AVENUE $ 92.72 (22 SE 2ND STREET) DELRAY BEACH, FL 33444 LOT 5, BLK 7, OSCEOLA PARK, SCOTT & JANE E. LAYMAN $ 96.00 PB 3, P 2, PUBLIC RECORDS, WM. & MARILYN HUTCHESON 70.00 (ADM. COST) PALM BEACH COUNTY, FL 225 NE 25TH STREET 2.72 (RECORDING) (618 SE 4TH AVENUE) BOCA RATON, FL 33431 $168.72 Sl/2 OF LOT 13 & LOT 14, PAUL PIAZZOLLA JR. $ 88.00 BLK 70, (OLD SCHOOL SQUARE 3701 N. DIXIE HWY. 70,00 (ADM. COST) HISTORIC DISTRICT), SUNDY & POMPANO BEACH, FL 33064 2.72 (RECORDING) CROMER AMND. PL., PB 6, P 70, $160.72 PUBLIC RECORDS, PALM BEACH COUNTY, FL (130-132 SE 1ST AVENUE) -3- Res. No. 63-91 ... > Sl/2 OF LOT 19 & LOT 20, ARTHUR C & DEBRA HAFEMANN $262.00 BLK 88, LINN'S ADD TO OSCEOLA 9898 E WATERMILL CIRCLE 70.00 (ADM. COST) PARK, PB 1, P 133, PUBLIC BOYNTON BEACH, FL 33437 2.72 (RECORDING) RECORDS, PALM BEACH COUNTY,FL $334.72 (330 SE 3RD AVENUE) LOT 21, BLK 95, LINN'S ADD TO THOMAS MELBA & JOHN MILLS $121.00 OSCEOLA PARK, DELRAY, PB 1, JOHN FALKENHAGEN 70.00 (ADM. COST) P 133, PUBLIC RECORDS, PALM 1012 VISTA DEL MAR 2.72 (RECORDING) BEACH COUNTY, FL DELRAY BEACH, FL 33483 $193.72 (236 SE 4TH AVENUE) LOT 23, BLK 23, TOWN OF GRACE BARNETT $ 70.00 DELRAY, PB 10, P 69, PUBLIC 1401 39TH STREET 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL W. PALM BEACH, FL 33407 2.72 (RECORDING) (SW 3RD STREET) $142.72 S'LY 85' OF N482.62' OF E 1/2 MATTIE M. CREASMAN $133.41 OF W 1/2 OF LOT 30 IN MTGE BK RR 1 BOX 362 70.00 (ADM. COST) 616, P 556, (LESS THE PT IN DB ANDREWS, NC 28901 2.72 (RECORDING) 1029, P 416), SUB. OF SEC. $206.13 20-46-43. (GERMANTOWN ROAD) S67.1' OF N142.1' OF, W130.44' J. PIERRE-PAUL CADET $ 75.00 OF E155.44' OF E 1/2 OF S 1/2 702 WEST ATLANTIC AVE. 70.00 (ADM. COST) OF BLK 4, TOWN OF DELRAY, DELRAY BEACH, FL 33444 2.72 (RECORDING) PB 1, P 3, PUBLIC RECORDS, $147.72 PALM BEACH COUNTY, FL (NW 7TH AVENUE) LOT 21, BLK B, TOURIST NOOK, RUSSELL E. BROWN $ 28.00 DELRAY, PB 11, P 47, PUBLIC C/O JUNE DIMON 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL 9720 WILLOW ROAD 2.72 (RECORDING) (NW 8TH AVENUE) WILLIS, MI 48191 $100.72 LOT 5, HIGH ACRES, PB 21, BLUE STAR BUILDERS, INC. $ 22.00 P 65, PUBLIC RECORDS, PALM 2044 NW 52ND STREET 70.00 (ADM. COST) BEACH COUNTY, FL BOCA RATON, FL 33496 2.72 (RECORDING) (109 NW 16TH STREET) $ 94.72 LOT 3, ESQUIRE SUB., PB 23, U.S. MARSHALL'S SERVICE $151.30 P 43, PUBLIC RECORDS, PALM C/O KEN DEAL 70.00 (ADM. COST) BEACH COUNTY, FL 301 N.MIAMI AVE.RM. #205 2.72 (RECORDING) (1012 GERMANTOWN ROAD) MIAMI, FL 33128-7785 $224.02 -4- Res. No, 63-91 " E50 ' OF W583' OF S140' OF JACQUEL DAWSON $ 65.00 N165' OF N 1/2 OF NW 1/4 OF C/O ANNAS RETREAT 70.00 (ADM. COST) SW 1/4 OF NW 1/4, SEC. ESTATE TUTU #E-7 2.72 (RECORDING) 17-46-43, PB 1, P 3, PUBLIC ST. THOMAS, VI 00801 $137.72 RECORDS, PALM BEACH COUNTY,FL (NW 2ND STREET) LOT 290, TROPIC PALMS PLAT 1, RAYMOND & DIANE $ 65.00 PB 25, P 99, PUBLIC RECORDS, MANGICAPRA 70.00 (ADM COST) PALM BEACH COUNTY, FL 5300 W. ATLANTIC AVE 2.72 ( RECORDING) (720 HERON DRIVE) DELRAY BEACH, FL 33484 $137.72 S50' OF N200' OF E131.39' OF LILLIE ROLLE BAKER $155.00 W156.39' OF BLK 16, TOWN OF 735 E CHATELAINE BLVD 70.00 (ADM. COST) DELRAY, PB 1, P 3, PUBLIC DELRAY BEACH, FL 33445 2.72 (RECORDING) RECORDS, PALM BEACH COUNTY,FL $227.72 (SW 7TH AVENUE) LOTS 56 TO 58, INC. , SUNSET MANUEL MOREDA $105.00 PARK, DELRAY, PB 12, P 65, MANUEL E. MOREDA 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH P,O. BOX 1953 2.72 (RECORDING) COUNTY, FL DELRAY BEACH, FL 33447 $177.72 (MANGO DRIVE) LOT 24, BLK A, WEST SIDE DURANTE-STROCK INC. $ 50.00 HEIGHTS, DELRAY BEACH, PB 13, 2160 W ATLANTIC AVE #100 70.00 (ADM. COST) P 61, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33445 2.72 (RECORDING) BEACH COUNTY, FL $122.72 (NW 9TH AVE & NW 2ND ST) LOTS 20 & 21, BLK 6, OSCEOLA DUMELLE SIDOLES,JOHN $115.00 PARK, P B 3, P 2, PUBLIC CORNEILLE & MICHAEL ELME 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL 119 SE 6TH STREET 2.72 (RECORDING) (119 SE 6TH STREET) DELRAY BEACH, FL 33444 $187.72 S30' OF LOT 6, BLK 28, TOWN OF LEONARD DAVIS $292.25 DELRAY, PB 1, P 3, PUBLIC C/O GENERAL DELIVERY 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL VA BRANCH P.O. 2.72 (RECORDING) (NW 5TH AVENUE) LOS ANGELES, CA 90073 $364.97 LOT 1, SELLERS REPL., PB 22, ODETTE DAUPHIN $ 20.00 P 17, PUBLIC RECORDS, PALM PHILOSTIN M. PHILOGENE 70.00 (ADM. COST) BEACH COUNTY, FL 598 S. SWINTON AVENUE 2.72 (RECORDING) (598 S. SWINTON AVENUE) DELRAY BEACH, FL 33444 $ 92.72 LOT 16, BLK 103, TOWN OF FARRELL W & $ 78.00 DELRAY, PB 2, P 19, PUBLIC NANCYE K. CURRAN 70,00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL 233 SE 4TH AVENUE 2.72 (RECORDING) (233 SE 4TH AVENUE) DELRAY BEACH, FL 33483 $150.72 -5- Res. No. 63-91 . 'r LOT 19, BLK 2, ATLANTIC PARK J.D. & EARLINE MONROE GARDENS, DELRAY, PB 14, P 56, 58 KENT STREET $ 36.00 PUBLIC RECORDS, PALM BEACH HARTFORD, CT 06112 70.00 (ADM. COST) COUNTY, FL 2.72 (RECORDING) (SW 13TH AVENUE) $108.72 LOT 4, BLK C, WEST SIDE HATTIE L. HARDWICK EST. HEIGHTS, DELRAY, PB 13, P 61, C/O GEORGE QUAIL $ 28.00 PUBLIC RECORDS, PALM BEACH 302 BAINBRIDGE STREET 70.00 (ADM. COST) COUNTY, FL BROOKLYN, NY 11233 2.72 (RECORDING) (NW 10TH AVENUE) $100.72 LOTS 10 TO 16 INC., BLK 15, WILLIE WRIGHT TOWN OF DELRAY, PB 13, P 18, 106 NW 12TH AVENUE $ 72.00 PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 70.00 (ADM. COST) COUNTY, FL 2.72 (RECORDING) (215-217 SW 7TH AVENUE) $144.72 LOT 20, BLK 2, PRIEST'S ADD CARRIE M. CLINTON TO ATLANTIC PARK GARDENS, 132 SW 14TH AVENUE $ 72.00 PB 23, PAGE 70, PUBLIC DELRAY BEACH, FL 33444 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL 2.72 (RECORDING) (132 SW 14TH AVENUE) . $144.72 LOT 4, LINCOLN ATLANTIC PARK JAMES CLINTON ET AL GARDENS, PB 23, P 226, PUBLIC 333 NW 3RD AVENUE $ 70.00 RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33444 70.00 (ADM. COST) (113-115 SW 14TH AVENUE) 2.72 (RECORDING) $142.72 LOT 7, BLK 26, TOWN OF DELRAY, ABISSET CORP., INC. PB 5, P 24, PUBLIC RECORDS, P.O. BOX 7123 $ 52.00 PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447 70.00 (ADM. COST) (NW 4TH AVENUE) 2.72 (RECORDING) $124.72 TRACT A, SUNNY HEIGHTS AMND., DORIAS L. NOBLE, ESTATE PB 27, P 194, PUBLIC RECORDS, 611 MEADOW $ 24.00 PALM BEACH COUNTY, FL LANTANA, FL 33462 70.00 (ADM. COST) (SW 4TH AVENUE) 2.72 (RECORDING) $ 96.72 VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. -6- Re s. No.. 63-91 " " -. M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~1 SUBJECT: AGENDA ITEM # ~ fI - MEETING OF MARCH 11, 1992 APPOINTMENT TO THE HISTORIC PRESERVATION BOARD DATE: MARCH 6, 1992 Due to the resignation of William V. Ayers, a vacancy has been created on the Historic Preservation Board to fill the unexpired term ending on August 31, 1992. The following individuals have expressed an interest in being appointed to the board and have submitted their resumes for consideration: P. Richard Brautigan Thomas J. Duggan James Miller Marjorie Miller Julie Morgan Rosalind Murray Frank Rozzo The Historic Preservation Board consists of seven (7) members. In order to qualify, a member must either be a resident of or own property in the city and/or own a business in the city. In addition, it is intended that members of the board be persons of knowledge, experience, judgment and background, having personal or professional interest or experience in historic restoration and preservation. Further, that they have the ability and desire to act in the public interest and represent, insofar as possible, the various special, personal and professional interests required to make informed and equitable decisions concerning the preservation, conservation and protection of historic districts and structures. Based upon the rotation system, the appointment is to be made by Commissioner Randolph (Seat #4). Pursuant to Commission direction, 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 a member to the Historic Preservation Board to fill an unexpired term ending on August 31, 1992. ~ ,I , . ~. 7/~J/~O CITY OF DELRAY BEACH HQA.ED_HEHDER-AUlliATIOtl ~~ Ae.J1ILU..e- AHE .<' ~3~~ lot %. fi'~~6~-( U~AY~ - OHE S REET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) - 11~~ ~.. 11 ~~< ~z:.1" ~~, ~~~/(P -~~ RINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP ._~ ------- -- - - ~1 P1~ tJe5 ~~~ Ex. HOHE PH NE . BUSINESS, P'HONE N WHAT BOARDS ARE YOU INTERESTED IN SERVING _~OeJc., tj;M~J..-(lON ~p 1ST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY ERVED (Please include dates) - -- - - DUCATIONAL QUALIFICATIONS .12\. ~M ()J, V~'bI1"'y' or:- ~\IIJ1 ~ ;-l..a.UISV(LLF,,~ 14 7~ ....)/ MA.lOIZ:- IfJ ~N11 N~ _. , - '- - -- ,1ST ANY RELATED PROFESSIOllAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. - ---------- - .----- --- ;IVE YOUR PRESENT, OR HOST RECENT EHPLOYER, AUD POSITION ~"1"'tJ1"~ ~ ~ ~.kt._::--3 tJ61'~ J~"fVe- ~~ 1ct'']Gf KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON ee...}H..h1 toN I ~~"""~.I!:I~ Ar..tP J!r- - --- ----- )LEASE ATTACH A BRIEF RESUME. . HEREBY CERTIFY THAT ALL THE ABOVE STATEHEUTS ARE TRUE, AND I AGREE AND . lNDERSTAND THAT ANY HISSTATEHENT OF HATERIAL FACTS CONTAINED IN THIS AP- >LICATIOU HAY CAUSE FORFEITURE UPOU HY PART OF ANY APPOINTHENT I HAY IECEIVE. L~~o-r-- ____'lit? /~________ SIGNATURE .- ---- DATE oJ D2/9:2 Mdt ~Jj;.~d"i-J .. " . l '<10> RESUME JAMES A C. MILLER 707 S. E. 1ST STREET DELRAY BEACH, FLORIDA 33483 (407) 274-0985 Appraiser of Pers01llll Property including ResidmtUIl Contents, for Individuals, Estates, and InsUlYl1lCe Purposes EXPERIENCE Personal Property Appraiser since 1985 . Lecturer in the areas of furniture and antiques Art Institute of Fort Lauderdale 1979 - 1990 Employed as instructor in the history of decorative arts Painter/muralist represented in numerous private and corporate collections PROFESSIONAL MEMBERSHIPS International Society of Appraisers - Member of Palm Beach/Fort Lauderdale Chapter Broward Artist Guild Taught seminar on faux finishes Delray Historical Society EDUCATION Indiana University - Appraisal Courses 1986 Corcoran Gallery School of Art - 1975 University of Louisville, 1973 - 74 Bachelor of Arts Degree Rhode Island School of Design 1971 - 72 Louisville School of Art 1969 - 70 References available on request " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER!f0 SUBJECT: AGENDA ITEM i 9I - MEETING OF MARCH 11, 1992 CHANGE ORDER NO, 4/ELKINS CONSTRUCTORS, INC. DATE: March 6, 1992 This is a change order in the amount of $18,140 to the contract with Elkins Constructors, Inc, for the North Water Storage Tank and Pump Station project. It is for the installation of seamless epoxy flooring systems in the North and South Buildings; installation of a rubber tile floor with a vinyl base in the control room of the south building; and, to paint all existing interior walls and ceilings in the North and South buildings, Recommend approval of Change Order No, 4 to the contract with Elkins Constructors, Inc, in the amount of $18,140 with funding from Water and Sewer - North Plant (Account No. 441-5162-536-60.93). tonn nu..<e.D -to dl!l~Jctd- C5 -0 ) c:; U- ~s 71 0 n on E.po~ ..{3/00L *"/ t:.. 7 SfI'1. -J.o RevieW ., '. .' . . Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: March 6, 1992 X Regular Agenda ____Special Agenda ____Workshop Agenda When: March 11, 1992 item Funding Source is 441-5162-536-60.93 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of thi s Chanqe Order. Existinq floors are concrete and flooring system would provide a ,durable water-proof surface, The ex- isting masonry walls need repainting. Department Head Signature: &Jdl/A --'f~ 14;/r7-JP Determination of Consi~tency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required , all items involving , on expenditure of funds): Funding available:@NO ' Funding alternatives (if applicable) Account No. & Description~-5(b2~c:,%.00..L{6 Noet"l+ Pf..At..I'l Account Balance 11> A-IO. 4P , City Manager Review: Approved for agenda: @/NO [It vl Hold Until: Agenda Coordinator Review: , Received: Action: Approved/Disapproved " . Schedule "A" Improvements to North Storage Tank (90-22) Change Order for treatment of interior floors and walls 1. Seamless epoxy flooring system for the North and South Buildings. Does not include pump room in south building as that area is in existing Contract. Flooring system shall be brought up walls four inches to form a base. Flooring system to be in accordance with Sec 9705 of the specifications. $ 11,433.00 2. Rubber tile floor with a vinyl base for the control room in the south building, Rubber tile and vinyl base shall be the same as specified and installed at the Miller Tank control room. $ 1,269.00 3 . Paint all existing interior walls and ceilings in North and South Buildings. In addition paint all existing pumps and associated piping. Painting to be done in accordance with Sec 9900 of the specifications, Wall and Ceilings $ 4,907.00 Pumps and Piping $ 531. 00 ----------- Total Proposed Change Order $ 18,140.00 ----------- ----------- 'r .-- . City of Delray Beach Departmental Budget Transfer (1) Departmental Une Transfer (2) Date March 6. 1992 (3) Interfundllnterdepartmental Transfer (4) Batch Number ~/6r~ , (5) Requested By: William H. Greenwood, Director of Environmental Services (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN 441-5162-536-60.48 84 W/S Contingency $ 18,410 441-5162-536-60,93 North Plant $ 18,410 (10) TOTAL $ 18,410 $ 18,410 .,- - --. .-,. ..- JUSTIFICATION: Transfer necessary to cover cost of change order to the North Tank Proiect No. 90-22, This chan2e order is for providing a seamless enoxv floorin2 system and paintin2 of the interior masonry walls . /1 Department Head It#b, () 2. // ~z- Asst City Manager I Budget Officer City Manager (11) Budget Revision Date (12) Control Number (13) Period (14) Count nRI~INAI -Rl In~1=T r,ANARv-r:ll r: Plfl.!l<'_nr:PAQTUJ:MT " I)': .. I);)'" (I i.. .J...J. . '1... U.L. 'l',f' V-J. , ',.I.I--.'.L .. ""'J...-.' _." .""_..... F~~~,5-Q2 WED 11:52 , 1:1KINC: m~:~":TI jAX F AX NO, 9043871303 P,01 c .. ..... .......It... " .:~' , "-~="_I :,~.~~;.",,,:' .,.:.,~,':,1. ~;l' I ELKINS ; ..~ .-....~lr:-rII"~".A......'..'h..,.. _.,.......,..1JItJ. CONS'rRUC'l'OIl..$ T~'('. -~.",- ..... ""'- -- ~ FebruarYi5) 19~L ..... ., " KOSt. nucKley. Schuh & Jernigan. Inc. 'Wint;er l'ark VJ.aza , 1560 Orange Avenua) Suite 700 Winter 'Pirk, FL 32789 At tCT1 t:lOll; Mr~ J. Ri~ha~d Voorhees. F.t, Subject: , Imllrove1!ler.:.r.:s 1:0 the North Water : S'torage. T'~I;k. ,and Pumping Station , Delrey aeilctl. :'lorida Dear Mi-. yoorheest The following propos.'l1 is fOl: a portiou of the. additiona.l work requested: by Rl"l? 1<io. 5, The reoainlng item$ will be addreGseo as soon as poss1hl~. ITEIl NO,: . l;lJL!!i:Jf4/!f~A'{'#/'~ "" ~,~ ' Suocouttac.tol.- Cost......, . . . .. . . . . , , . . . . , . . . . . . $4>975.00 7"'lJl~ Mark-up.......,.......,...,..........,. 373.00 .., ........ ,..-, ".-..... . ,..... . '. . . ..,. ,,-cr.: 'II"',:" ".: .. .i..,..~''''..'.~,....1 ...---"' 48-'--- " :J.:orAL"~I',,~:"~;'m~.~.;\'1~1JI,;l~~r,..'~~5J::3 .,o~r I.'r.rr~ 1'0. 2 ;~.tJ8((J9"'O . . '. . . . -. -,' " ,.. ,,/:,~, .' ""', Su.bq:Jntracto'!: Co 51:; . . . . . . . . , . . . . . . . . . . , . . . . , . . . ~5 s 660 ,00 ' .1-1/Zt. Hat'~-up..... t....,..,.........,...,......... 42.5.00 ; · .., .'..... '~...,.._;.\.:......:~...,. 6 "11'",\ !OTAL. . . . , . . . , ',""; " ,$ J 06.5 ..00 :-:: .I Item 113: ULt)-~~~< / {':;,J~ -~ ) ---- ..-- ~___..'____...__._.________.n' $1,180,00 Subcontractor: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mark up 7-1/5%............................ .,.. 89.00 To tal. . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . I,' . $1.269.00 " '! ~ ,1.11" ~H"lI~ 1, ; .p; ~'l -i1.1, o +'1 1.I(j~-! -,-,- t'b,'"t.;d 1:.;\ \ .. :)t.l\ (gj (II);': , . . . . . . , ! "jAN-29-92 WED 12: 40 ELKINS CONST/JAX FAX NO. 9043871303 P.02 : -~.,,~ - ... '~"'_... ELKINS ""--~~litll~~""'T;~ co S & T l. 11 C TO. S 1 /Ii C. tF .J~ AI ~. .... January 29, 1992 Post, Buckley. Schuh & J~4U1gan, Inc. ~1nt~r Park Plaza 1560 Ocana_ A~enue. Suite 700 'Winter :Park, lL 327a9 Attention: fu'. J. R:.1eh4rd Voorllee.s. P.t. Subject:: North ~atar Storage T~k and P~p1ng Station Improvements Duray !eachJ Florida. Dear Hr.' Voorhees, Fleas8 review the attaehed 1te=ized breakdown from SQutheastern Indua~ri~l Pa1utLng fot the work required by RFP No.4. """:"~;""'~ E?r~st,~ng~Iuter:o:' ~f"No~tbM~.;So~t,~"~u~,~~,~,'9.g,,s. . , . . $4j560.00 l,.,:.,/,h:Lst1n&P\1l1\psi&~: P.pin.g,~;;/ ' . . . . . . . . . . . . . . . . . . . . . . -- 489.0<! _...-.~. .-....---.- Total SUbt.Olltl:'a.ct C:lst.............,....,... $S.o39.00 7-1/2%' &rk...up..,.... I , . . . , , . . . . . . . &; . . II . * .. . . - 379.00 ~~ ,':;," ,,' T: .,.""',.I'i;.::~rr~: "'!;'~,.:'?'~"~;,'t:~i?W;\f1''''ll;n....''\,...,',::Pi,-' "':," .' 'i,~ I' TOTAL_ . . '.. . . <. .'<.'." .\'. . . . . .. .. . .:'.':1' I' . 't.. f.'a;. ~.',.:.., I.......~~:l,: t:r:$3... 438 I 00" .~,~; . ~. '~ , II thii'proposal is acceptable, please issue a cba~ge order for the ~bove amount. ShouJ,d you hav~ any qt\estion, or. eo~ut;e. please do not hesitate to contact this office. . Since.cely, EUCtNS CONS<nWc /JIL. , HKll/keh c.e.o Jack Wl11iamu - Site . / 'f . 1.1 1." "~j,' H':' 1. I . -t.\J "~'l ,1\.11 \)~.IlJ':'-!._ t' Jj,~,';,,1 1:,,\ \ .. ~J:.K 14!JI.lI,lJ -- , __0'. .._-~_. ~.... "A.~. "~_ .1-_-. .". ~ , - ! r . - . - ,.~ ~AN-29-92 WED 12:41: ELKINS CONST/JAX FAX NO, 9043871303 P,03 y..-.... ... .... .-- . ::.~:~:~ < ~'.~~~' : , "0 ~. I ~, : , ... SOUTHEASTERN INDUSTRIAL PAINT.ING, INC. 60 SUNStl DRivE';" SUI'1'E~ E 'w, MtlBoUftNE. 'lOt1l0A 32i04 . (407) 72.1~70' January,27, 1992 Elkin~ constructor~1 Inc. 4501 aeverly Avenue Jacksonville, :rlorid~ 32210 , Attnl Kevin Harmon RE: city of Oclr~y l3each North Water Storage Tank and Pump1nQ StatiOn. P~a.r Mr. Harmon, This r~Opo661., \'Z1~:n t,~'l.ins 't.he. breakdown And pricing tor the ehan~l~a prQPoeed in RtP ~o., 4 dL~t~d January 2, 1991 and are \\$ follower ' F.xl~tl.!liJ :!.ntt.':'r.tQr surface8 wa.lls, ceil.1nq.s, eta.... 7,520 SF L~bo:rt _t_~:.~,5 20 '--., ~_~ 125 Man HOU~5 1>L'4yr.ol1 (}'/!;,.d1ead I J-.!?1.J.!!.O O. ... .z.Iat.fI!~;i4'I.l.~i t __ .,--1- ;l., ., 01. 0.,9 . 51 ga.lS Pt'1m~.r: Sa 1 f:; i :- ~x t -.J Ill. (') 0 61 galS: finish ~_ ......._~ III .... Coatf _...1__~.2.U.:- 00 ..- Ove.::h(1;~d and :P,r.ofit,~ .~..... !... 5~ S tOO ..... I'r.:icft; _~ ~; ~ .t 5 60 .:.00 .-......-.- , Bxisl:.iB~ Pipi.ng ~,nd Pumps Sout;h Building. ~, ~- 496 sf' Labor ~ _ )? 5. ~ II a ' ........ -r-'III 11 Man HC>ur8 Pay;:oll overneadl ~ ~ ~~.(}n ~.. Mate.rials; Ii 2..tq 1 no, 2 ~allS ?rime~ , II .Sales TE:\.x. . :1 Ii_ no '_ - ~ 9tills En~Tl'lel - . Cos t I _ $, 42.; ~1in . ......, Overhead and Piof1 t,l___ $ F:.Lno . 'k'IriC'e't . ,- s ~~9.01) ~ '. ,. I ~5-0 [IT' DF DELIAY BEA[H 100 N,W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 MEMORANDUM TO: David T. Harden, City Manager FROM: ~ Robert A, Barcinski, Assistant City Manager/ Administrative Services SUBJECT: Agenda Request - City Commission Meeting 3/11/92 Change Order #1 - Tuttle's Desiqn Build, Inc, DATE: March 9, 1992 ACTION City Commission is requested to approve Change Order #1 with Tuttle's Design Build, Inc. in the amount of $15,000, and an increase of five calendar days for the acquisition and planting of ten Royal Palm Trees at the Municipal Golf Course. Funding to come from account code 445-4761-572-60.69 Improvements Other. BACKGROUND The Golf Course Master Plan specifies the planting of ten Royal Palm Trees: five behind green #1 and five behind green #8, This item was approved as a project in the golf course capital budget for this fiscal year, The estimated cost for this portion of the project was $15,000. There is a balance in the account of $39,680. In order to save time and cost of bidding this portion of the project, I am proposing a change order to our contract with Tuttle's Design Build, I nc . , the contractor for the South Congress Beautification project. The change order includes the cost of the trees, mobilization costs for the golf course site, and takes into account special handling procedures on the golf course. RECOMMENDATION Recommend approval. RAB:kwg ~j THE EFFORT ALWAYS MATTERS " '. . CHANGE ORDER No, 1 Dated January 30 , 19 92 Project No, Bid /I 92-02 Project Name: CONGRESS AVENUE LANDSCAPING Owner , City of Delray Beach, Florida , Contractor: TUTTLE'S DESIGN BUILD, INC. Contract Date: 1-15-92 To: Brian Tuttle, President - Tuttle's Design Build, Inc. You are directed to make the following changes in the subject contract: Provide 10 additional Royal Palms, Roystonea elata, 12' Grey Wood approximately . 22' O.A, height, Palms to be planted at the Delray Beach Golf Club as directed by City. Royal Palms at $1,200 @ to toal $12,000 with additional $3,000 for mobilization at the Golf Course, which changes are more specifically described in the attached amended plans, dra\olings and specifications, The reason for the change is as follows : Additional scope of work, The contract price and contract time shall be adjusted because of the changes as follows: A, Contract Price 1. Contract price prior to this change order: . $109,798.50 Page one of two Pages , " '. .I 'ANGE ORUER No, 1 Project name CONGRESS AVENUE LANDSCAPING 2, Net increase resulting Crom thIs change order: $15,000.00 3. Net decrease resulting Crom thIs change order: N/A ~ , Current contract price including this change order: $124,798.50 ll. Contract Time l. Contract time prior to this change order: 60 calendar days z. Net increase resulting from thIs change order: 5 calendar days 3. Current contract time including thIs change order: 65 calendar days CITY OF DELRAY BEACH, fLORIUA, moWER By: Mayor Thomas Lynch ~test: ~ City Clerk City of Uelray Beach , Jproved as to form: City Attorney Ie above changes are accepted on , 19 . 1 understand that II the provisions of the Contract Document related to Project Ho. Bid 11 92-02 lich are not inconsistant with the terms of this change order shall remain in effect ld apply to all work undertaken pursuant to this change order. ltness: , ContrActor Tuttle's Design Build, Inc. . By: As to Contractor litle Pa2e lwq of,l~o FD2es I M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS -y ! FROM: CITY MANAGER '1-' SUBJECT: AGENDA ITEM # /O.A - MEETING OF MARCH 11, 1992 ORDINANCE NO. 8-92 DATE: MARCH 4, 1992 This is second reading of an ordinance rezoning land from RM (Multiple Family Residential/Medium Density) District to CF (Community Facilities) District. The subject property consists of three lots within the unrecorded plat of Palm Square and is located on the west side of Palm Square, between Atlantic Avenue and S.E. 1st Street. The land is currently in the same ownership as the vacant property immediately north and is being proposed for development as a parking lot to be used in conjunction with the redevelopment of the former Patio Delray site. In order for this to happen, the land must have a zoning other than RM. For reasons outlined in the accompanying staff report, CF zoning is viewed as a reasonable vehicle to accomplish the objective. The conditional use request is addressed as a separate item on the agenda. On February 24, 1992, the Planning and Zoning Board recommended that the proposed rezoning be approved. Recommend approval of Ordinance No. 8-92 on second and final reading. p~ 5--0 .. - , ORDINANCE NO, 8-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) DISTRICT IN CF ( COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOTS 42, 43 AND 44, OF THE PLAT ENTITLED PALM SQUARE, AN UNRECORDED PLAT OF BLOCK 125 AND 133, DELRAY BEACH (FORMERLY TOWN OF LINTON) , PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section I. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the CF (Community Facilities) District, as defined in Chapter Four of the Land Development Regulations of Delray Beach, Florida, to-wit: Commencing 188,6 feet south of Atlantic Avenue on east side of Bay Street; thence east 100 feet to the Point of Beginning; thence east 100 feet, thence south 75 feet; thence west 100 feet, thence north 75 feet to the Point of Beginning, lying in Block 125 of the Town of Linton, as per Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, Page 3 : also described as, Lots 42, 43 and 44, of the Plat entitled Palm Square, an unrecorded Plat of Block 125 and 133, Delray Beach (formerly Town of Linton) , Palm Beach County, Florida. The above described parcel contains .0171 acres of land, more or less, The subject property is located on the south side of Atlantic Avenue, between Palm Way and S,E, 7th Avenue, Delray Beach, Florida, Section 2, That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning District Map of the City of Delray Beach, Florida, to conform with the provisions of Section I hereof, Section 3, That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed, Section 4, That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid, Section 5, That this ordinance shall become effective imme- diately 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 " jB~BEJ~ - I . J , - N.E. 1 ST ST. J- . I . ~ :c t; VETERANS >- ~ - ~ ~# ) ~ . ~ w . ~ z ~,C PARK ~ . &AI . % I I ./ ATLANTIC AVENUE [ ,. ./ I . w ~.. ~ - "" I;j &AI J ~ -J ~ I . .I: W fI) I ~ - I ..... ~ r 1 ,... T (J - ~ . 0 % ~ .- . &J Z >- . - X en . en . :;:) "-' S.E. 1ST ST. ~ I . N w . PATIO DELRAY en - REZONING - ~ I J I J I . . C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER >>~/C:~ {/t THRU: DAVID J, KOVAC, DIRECTOR DEPARTM~T OF PLANNING AND ZONING FROM: PLANNING TECHNICIAN II SUBJECT: MEETING OF FEBRUARY 25, 1992 FIRST READING OF ORDINANCE NO. 8-92 - REZONING PROPERTY ON THE WEST SIDE OF PALM SQUARE FROM RM (MULTIPLE FAMILY RESIDENTIAL) TO CF (COMMUNITY FACILITIES). ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of the rezoning ordinance affecting lots 42 - 44, Block 125, Palm Square (unrecorded plat) , The proposed zoning is to accommodate a parking lot associated with Patio Shoppes development proposal. The conditional use request for the proposed parking lot will be heard concurrently with second reading of this Ordinance, The property is located on the west side of Palm Square, between E, Atlantic Avenue and S.E. 1st Street, BACKGROUND: The subject property is currently in the same ownership as the property to the north. Immediately to the north, adjacent vacant land is zoned CBD, A CBD zoning designation cannot be accommodated on this site because the Future Land Use Map shows it as Medium Density Residential; hence the current zoning of RM. The property owner wishes to construct a parking lot on the property, The parking lot is in conjunction with a proposal to construct an 11,736 sq,ft. structure on the site of the former Patio Delray Restaurant, To do so, this property must have a zoning other than RM. The CF (Community Facilities) zone district is a vehicle through which this desire can be accommodated. While the CF zone district is "primarily intended for facilities which serve public and semipublic purposes" it does accommodate a "privately operated parking lot" as a conditional use. Thus, the use of the zoning for the intended purpose is appropriate and permitted, '. City Commission Documentation Meeting of February 25, 1992 First Reading of Ordinance No, 8-92 - Rezoning Property On The West Side Of Palm Square From RM To CF Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board will formally review this i tern at its meeting of February 24, 1992. The Board's recommendation and comments will be presented at the February 25th City Commission meeting. RECOMMENDED ACTION: By motion, approval of Ordinance No, 8-92 on First Reading and setting of a public hearing date of March 11th. Attachment: * P & Z Board Staff Report and Documentation of February 24th * Copy of Ordinance No. 8-92 JC/T:CCPATREZ.DOC PLA.NNING & ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT --- .ETING DATE: FEBRUARY 24~ 1992 AGENDA ITEM: IILA. ITEM: REZONING, RM TO CF AND ATTENDANT CONDITIONAL USE REQUEST FOR A PARKING LOT IN CONJUNCTION WITH REDEVELOPMENT OF THE PATIO SHOPPES (CBD) - lLLJ LL-Jz ATLANTIC AVENUE IJ]] [ill l:j LLl . 0:: LLl rn ~ -J ~ CI) ~ () - :3 ~ . .c ~ N LLl ~ ~ - 0. Z .- - " - -- - ENERAL DATA: Owner"", .',." "",.",.""Patio Associates Limited Agent,. .,.""""".."".",Digby Bridges Digby Bridges, Marsh & Associates Location"""",.,.".",.",On the west of Palm Street, between Atlantic Avenue and S.E, 1st Street. Property Size............,.,.,O,I72 Acres City Land Use Plan....,....,..Medium Density 5-12 du/acre Existing Zoning....,.......,..RM (Multi-Family Residential) Proposed .Zoning...............CF (Community Facilities) Adjacent zoning",.....,...",North: CBD (Central Business District) East: RM and CF South: RM West: RM Existing Land Use..""""".Vacant Proposed Land Use, ",.,.,.""Construction of 15 space parking lot for adjacent development to the north, Water Service.."".."..,.",Existing 8" water main along the north side of Atlantic Avenue, and an existing 2" line along Palm Street. Sewer Service",.."".,..""Existing 20" sanitary sewer line along Atlantic Avenue, existing S" line along Palm Street, and an existing S" line along the rear of 1-'" '.<;,",' and e. " . I T E M B E FOR E THE BOA R D: The action before the Board is that of making a recommendation on the following items: * Request to Rezone Lots 42-44, Block 125, Palm Square (unrecorded plat) from RM (Medium Density Residential) to CF (Community Facilities). * Request for Conditional Use approval to establish a privately operated parking lot in the proposed CF zone district. The subject property is located on the west side of Palm Square, between East Atlantic Avenue and S.E. 1st Street, within the Marina Historic District. B A C K G R 0 UNO: Lots 42 and 43 once contained a residential structure. In 1979, the structure was damaged by fire and was subsequently demolished. Since then, these two lots have remained vacant. Lot 44 contained a portion of the parking lot associated with the Patio Delray Restaurant, which was located along Atlantic Avenue. In 1986, a site plan and conditional use request was submitted to the City. The site plan proposed to renovate and convert the existing 11,434 sq. ft. restaurant into a 12,046 sq. ft. three story structure containing a mix of a restaurant, retail shops and offices. The conditional use request was to allow associated parking on lots 42 and 43, which were zoned RM-10. At its meeting of April 14, 1986, the Planning-and Zoning Board recommended approval of the site plan and conditional use request for Patio Delray subject to conditions. During the meeting there was lengthy discussion with regard to the traffic and parking situation. At the City Commission level, discussions continued with respect to alternatives to provide the required parking. The item was then referred to committee and there is no record of any disposition. In 1989, the restaurant was demolished after being damaged by fire. PRO J E C T DES C RIP T ION: The development proposal is to construct a parking lot on lots 42,43 and 44. The parking lot will be associated with a proposal to construct an 11,736 sq. ft. structure on the site of the former Patio Delray Restaurant. There are 40 parking spaces required. The sketch plan shows 41 spaces provided; 15 of which are to be located on these three lots (42,43 & 44) . Along the west and south property lines a 6 ' solid masonry wall will be provided along with associated landscaping. P & Z Board Staff Report Rezoning (RM to CF) and Conditional Use Approval (Parking Lot) Page 2 CONDITIONAL USE AND ZONING ANALYSIS: REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The subject property (Lots 42,43 & 44) has a Medium Density Residential land use plan designation and is currently zoned RM (Medium Density Residential). Pursuant to Section 4.4.21 (A) , the proposed zoning of CF (Community Facilities) is deemed compatible with all land use designations shown on the Future Land Use Map. The CF zone district is a special purpose zone district primarily intended for facilities which serve public and semi-public purposes, Pursuant to Section 4.4.2l(C) (8), within the CF zone district, privately operated parking lots (the proposed use) are allowed as a Conditional Use. An alternative approach would be to rezone the property to CBD (Central Business District) . This would require an amendment to the Future Land Use Map from Medium Density Residential to Commercial Core. However, if the land use plan was changed and the property rezoned to CBD, the development standards would allow construction of a commercial building with a height of up to 60'. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposed CF zoning and parking lot conditional use will not have an impact on the level of service standards. With the full site plan submittal, which will include these three lots, findings of concurrency will need to be made. ., P & Z Board Staff Report Rezoning (RM to CF) and Conditional Use Approval (Parking Lot) Page 3 Consistency: Compliance with the performance standards set forth in Section 3.3.2 along with the required findings in Sections 2.4.5(0)(5) (Rezoning Findings) and Section 2.4,5(E)(5) (Conditional Use Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making of a finding of overall consistency, A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following was found: Land Use Element Objective A-I - Vacant property shall be developed in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. (bI, b3) A. Physical Considerations - There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed parking lot use. B. Complimentary with Adjacent Land Uses - The proposal will be complimentary to the proposed commercial development to the north and will provide a buffer between the commercial use and residential uses. C. Fulfills Remaininq Land Use Needs - The lack of parking within the CBO has been identified as a problem, which can impede revitalization within the CBD. Accommodating parking needs through innovative actions is encouraged to promote revitalization of the CBD.(Land Use Policy C-4.1) " Section 3.3.2 (Standards for Rezoning Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: A) That a rezoning to other than CF within stable residential areas shall be denied. (Housing element A2.4) Pursuant to the Housing Element, the residential areas to the south, east and west are designated as "Stable". The zoning change to CF is consistent with this standard. 0) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. " P & Z Board Staff Report Rezoning (RM to CF) and Conditional Use Approval (Parking Lot) Page 4 The subject property is currently zoned RM (Medium Density Residential). North of the property is zoned CBO; east~ is zoned CF and RM; south and west are zoned RM. The surrounding land uses include: an existing multiple family structure to the west; an existing single family residence to the south; an existing single family residence and the south portion of a parking lot to the east; and a vacant lot to the north. The proposed rezoning and parking lot use are associated with a development proposal to construct a commercial building on the vacant lot to the north. The subject property contains 7,500 sq. ft. Per the RM district regulations, the only permitted use that can be constructed on a lot of this size is a single family residence. Thus, the developability of the property is limited. Pursuant to Section 4.6.4(E), where a CF zone district is adjacent to a residential district, whether separated by a street or alley, a special district boundary treatment is required. A landscaped setback of 15' ; or a landscaped setback of 10' and either a six foot solid masonry wall or continuous hedge at least 4 1/2' in height is required. The attendant sketch plan indicates: * a 10' landscape setback with a 6 ' solid masonry wall will provided along the south property line; * an 8 ' landscape setback with a 6 ' solid masonry wall will be provided along the west property line adjacent to the residential property, and; * a 5' landscape strip along the eas~ property line (frontage along Palm Square). With respect to the west property line, the reduction of the landscape area by 2' may not be a concern as a wall will be provided on the property line. Immediately adjacent to the wall is the parking for the residences to the west. Boundary treatment along the east property line is especially important. There is an existing single family dwelling directly across from the parking lot on the east side of Palm Square. There may be a negative impact on the residence during the evening hours, as headlights will be shining towards the house. Sufficient regulations do exist to mitigate this impact. Increased buffering (landscaping or a low wall) can be provided in this area. As indicated above, the CF zone district requires a 4 1/2' hedge or wall, " P & Z Board Staff Report Rezoning (RM to CF) and Conditional Use Approval (Parking Lot) Page 5 Section 2.4.5(0)(5) (Rezoning Findings): Pursuant to Section 2.4.5 (0)( 1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: * That the zoning had previously been changed, or was originally established, in error; * That there has been a change in circumstances which make the current zoning inappropriate; * That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood, The applicant has submitted a justification statement which states the following: "These three lots, 42, 43 and 44, have always been used as a parking lot for the previous business which was the Patio Restaurant, destroyed by fire some years ago. Under the old Land Development Regulations, the zoning was RM and under those regulations, property zoned RM could be used as an attendant parking area, which did require Conditional Use approval. Since the original application submitted in 1986, this clause in the LOR to allow attendant parking in the RM district has been removed now requiring the owner of this property to request a zoning change to CF, which allows for attendant parking. A similar condition existed in regards to the property now occupied for parking for Brandy's Waterside Cafe. The Planning and Zoning Board during the original application recommended that Conditional Use be granted for parking on these three lots. Therefore, taking into account all these items, a rezoning of these lots to CF is consistent with good zoning and not contrary to the Master Plan." Comment: The basis provided appears to fulfill the third ~eason for which a property could be rezoned, in that the parking lot is similar in intensity. Rezoning the three lots to CF will function the same as a parking lot which was allowed within the RM zone district. However, the CF zone district has special landscaping requirements adjacent to residential zone districts. In addition, the CF district functions as a buffer between the RM and CBO zone district in that no commercial structures can be erected on the CF properties. .-- P & Z Board Staff Report Rezoning (RM to CF) and Conditional Use Approval (Parking Lot) Page 6 Section 2.4.5(E)(5) (Conditional Use Findings): Pursuant to Section 2,4,5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have significantly detrimental effect upon the stabili ty of the neighborhood within which it will be located; B, Nor that it will hinder development or redevelopment of nearby properties. The Housing Element (Goal Area A) of the Comprehensive Plan calls for preservation and maintenance of stable neighborhoods. As previously identified in this report, the adjacent residential areas are designated as "Stable". A portion of the property was previously used for parking. The proposed use should not have a detrimental effect on the stability of the neighborhood, and will instead help to stimulate redevelopment of nearby properties. REV I E W B Y o THE R S: HISTORIC PRESERVATION BOARD: At its meeting of February 19, 1992, the Historic Preservation Board reviewed the rezoning and conditional use requests, and forwarded a recommendation of approval to the Planning and Zoning Board. COMMUNITY REDEVELOPMENT AGENCY: , At its meeting of February 6, 1992, the Community Redevelopment Agency reviewed and recommended approval of the rezoning and conditional use requests. DOWNTOWN DEVELOPMENT AUTHORITY: The item will be presented to the DDA at its February 24th meeting. A recommendation and comments will be presented at the Planning and Zoning Board Meeting, NEIGHBORHOOD NOTICE: Formal public notice has been provided to property owners within a 500 ft. radius of the subject property. A letter from the Palm Square - Marine Way Homeowners Association, expressed concerns over additional traffic. The concerns of the Association relate to traffic patterns, which are aspects of the site plan. A copy of the letter is attached. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting, " P & Z Board Staff Report Rezoning (RM to CF) and Conditional Use Approval (Parking Lot) Page 7 ASS E SSM E N T AND CON C L U S ION: Pursuant to Chapter 3, CF is the only rezoning which can occur in a stabilized residential area. Zoning to CF, will insure that a commercial building is not constructed in proximity to the existing residential units to the south, east and west. The zoning provides a transition between the commercial and residential properties. The proposed parking lot will help fulfill the need for parking within this CBD area. In addition, the zoning change will further the policies of the Comprehensive Plan, which encourage the rehabilitation and revitalization of the CBD. A L T ERN A T I V E ACT ION S: A. Continue with direction. B. Recommend denial of the rezoning request based upon a failure to make a positive finding with respect to Chapter 3 (Performance Standards), and that pursuant to Section 2.4.5(0)(5) the rezoning fails to fulfill at least one of the reasons listed under Subsection 2. c, Recommend approval of the rezoning and conditional use requests based upon positive findings with respect to Chapter 3 (Performance standards) of the Land Development Regulations, policies of the Comprehensive Plan, Section 2.4.5(0)(5) and Section 2.4.5(E)(5), S T A F F R E COM MEN D A T ION: By separate motions: - " A. Recommend approval of the request for Rezoning from RM to CF based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive plan and Section 2.4.5(D)(5). B. Recommend approval of the Conditional Use request based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive plan and Section 2.4.5(E)(S). Attachments: * Letter from Palm Square/Marine Way Homeowners Association * Zoning Map * Site Plan JAC/T:PATIOREZ.DOC . PALM SQUARE - MARINE WAY HOMEOWNERS ASSOCIATION OELRA y ~ A...OAIOA February 17, 1992 REPl. Y TO: 65 Palm Square Delray Beach, FL 33483 TO THE MEMBERS OF THE DELRAY BEACH PLANNING AND ZONING BOARD: The members of the Palm Square-Marine Way Homeowners Association have reviewed the plans for the development of the southwest corner of Atlantic Avenue and Palm Square. In order to accomodate this added burden of traffic and parking in a historical residential area, we hope every effort will be made to gain access to Seventh Avenue and to close Palm Square between the residential and the commercial zoned areas. The development of Brandy's and elimination of the .No Left Turns. at Atlantic Avenue and Palm Square are causing a tremendous increase in the traffic through the Marina Historic District. In addition, Brandy's is now creating a large sidewalk cafe on Marine Way and in the future will, no doubt, open second and third floor. As you know, Mr. Handelsman has submitted plans for a two-story, 11,376 square foot building on the corner of Palm Square and Atlantic Avenue. The building will house stores, offices, andf restaurants including a sidewalk cafe. The small number of larking spaces indicated will never be adequate for that number of businesses. An added problem will be trucks unloading on Atlantic Avenue. The overflow will park on the streets throughout the neighborhood. We want commercial development but the neighborhoods deserve consideration. Come and look at the area. Almost every parking space is filled at Brandy's, the Park, and Atlantic Plaza at noon and in the evening when the Paddleboat goes out and the stores and restaurants are operating. - .., W~th a~c~ss to Sev~nth Avenue, traffic could be routed to the city parking lot next to Vlctorlo sand behlnd Best Western; all through commercially zoned areas, not resi- dential. Traffic could be kept out of the neighborhoods and would have access to both lanes of U.S. #1 via the traffic light at Seventh Avenue and Atlantic Avenue. Please give this problem serious consideration when you review this project. ~~(C~nwlEID) V~)y Yours.~ dcc- . fEB 19 J992 {ida . R' y PLANNING & ZONING cc: Mayor and City Commission City Manager Traffic Manager ., ---[--- cC) 3nN3Nv ~Il.NVl.l\f wZ 00- OZ -- - .. -- c..O .- .... ON . 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'! ;i j1i . h . _ t!!) I~~ :1 : . , -\ ~~--~~- --'.- ...' "r ,* 1D """ t;.;; ~ ,..,J . i' ~ ~~ ~ ~ J': ; / ~~ - / .. r.l. ,Zt!:E ,II ,t~ ''If_ ,s:~ ,t .. - ~ .:Jot- ! ......... -'I<- I :', I . ..I.".f I --- o . ~ T . ~ ;. ~':. i I .... _ ',... ...,;. Z .. '. ~ = J ~~J : ~ ,8 ,~ ,tll ,81 r,5 ~ W' +. ~,-C~ '_ !:: I / ,00'001-',- en w I ~= I ..~ " , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERq~ t I : ,/ SUBJECT: AGENDA ITEM i I f) ~It, f - MEETING OF MARCH 11. 1992 REOUEST FOR CONDITIONAL USE APPROVAL DATE: March 6, 1992 We have received a request for conditional use approval to establish a parking lot in conjunction with redevelopment of the Patio Shoppes located on the west side of Palm Square, between Atlantic Avenue and S,E. 1st Street. The development proposal for this property includes the construction of a parking lot on Lots 42, 43 and 44, The parking lot will be associated with a proposal to construct an 11,736 square foot structure on the site of the former Patio Delray Restaurant, There are 40 parking spaces required, The sketch plan shows 41 spaces provided; 15 of which are to be located on Lots 42, 43 and 44. A six foot solid masonry wall will be provided along the west and south property lines. The Planning and Zoning Board at their February 24th meeting recommended approval of the conditional use request. A detailed staff report is attached as backup material for this item, Recommend approval of the request for conditional use approval to establish a parking lot in conjunction with redevelopment of the Patio Shoppes. ~no. I1ss IfpfJ&)(.JE/J 5-0 ," . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM i ;011,-:;' - MEETING OF MARCH 11. 1992 TRIAL CLOSURE OF PALM SOUARE DATE: March 6, 1992 Comments were heard with regard to traffic during first reading of the Ordinance No, 8-92, which proposes to rezone land presently zoned RM (Multiple Family Residential - Medium Density) district to CF (Communi ty Facilities) district in conjunction with the development of the Patio Shoppes, In response to those comments and to petitions received from the Palm Square property owners, staff is proposing that the Commission take the following action on a trial basis: -Close Palm Square to through traffic by placing a barrier across the south end of the Brandy's parking lot until construction commences on the parking lot at the Patio Shoppes. - Once construction commences, the turnaround and barrier would be relocated to the southwest corner of Lot 42. Staff believes that by using the above trial approach, an assessment of traffic flow and congestion impact can be done. A detailed staff report is attached as backup material for this item. ~'A'I CIOS/~9 Ifpfl?OVED tf /-0 / (1lJ4<f~ L;neh d/55&/J17I7Cj ) '" {ll< fli^-1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER ~~~~~ FROM: DAVID J, KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF MARCH 11, 1992 SECOND READING, REZONING ORDINANCE RM TO CF & CONDITIONAL USE FOR PARKING ON CF SITE & TRIAL CLOSURE OF PALM SQUARE ACTION REQUESTED OF THE COMMISSION: The actions requested of the City Commission are three. They are: 1- Following a public hearing, rezone property from RM to CF. 2. Approval of a conditional use request for a parking lot on property zoned ai CF. 3. Provide direction to a staff proposal for a trial period for the closure of through traffic on Palm Square, All of the above actions are associated with the development proposal called "Patio Shoppes" which would result in a 11,736 sq.ft, structure being built. Uses may include offices, retails, or restaurant. b The Patio Shoppes is toAlocated in the southwest corner of Palm Square and Atlantic Avenue. BACKGROUND: The rezoning and conditional use actions are prerequisite to consideration of the Patio Shoppes site plan which is scheduled to go before the Historic Preservation Board on March 18th. The rezoning petition and accompanying conditional use request are very straight-forward. Please refer to the P&Z Board staff report of February 24th for background and analysis. 'r City Commission Documentation Meeting of March 1, 1992 Second Reading, Rezoning Ordinance RM to CF and Conditional Use for parking on CF Site and Trail Closure of Palm Square Page 2 REVIEW BY OTHERS RE ZONING AND CONDITIONAL USE: On February 24th, the Planning and zoning Board, by unanimous vote, recommended approval of the rezoning and conditional use request, Prior to that action, the requests were supported by HPB, CRA, and DDA. Neighborhood representatives also spoke in support of the rezoning and conditional use request but did express reservations about traffic flow and ability of the proposed parking to adequately handle demands. These concerns will be addressed in the site plan action before the Historic Preservation Board. TRIAL CLOSURE OF PALM SQUARE: During the Commission's consideration of the rezoning ordinance on first reading, there were comments made about traffic flow. In response to that concern (and to petitions received from Palm Square property owners), your staff is proposing the following on a trial basis: * The closure of Palm Square to through traffic by placing a barrier (as used in Delray Estates) across Palm Square at the south end of the "Brandy's" parking lot. A hammer turn around would be provided on the proposed (CF) parking lot site until construction of the Patio Shoppes commences. * When construction commences, the turnaround and barrier would be relocated to the southwest corner of Lot 42 (this will necessitate the resident next to Brandy's parking lot to take access from the north. If during the above period we witness greater congestion and accident history at Palm Square and Atlantic, the trial period would be terminated. If after the above periods, it is desired to make the barrier and turn-around permanent, appropriate actions to do so will occur. Rationale: It is thought that by using the above "trial" approach, we can assess traffic flow and congestion impacts before we have the influence of 100% operation of the Patio Shoppes and of Brandy's Restaurant. If problems occur at this lesser level of intensity, the prohibition should be removed. If no problem arise and the increased intensity does not create problems, then the prohibition should become permanent. Arrangements to accommodate the above closings will be handled through staff contact with the property owners and through accommodations on the site plan, " City Commission Documentation Meeting of March 1, 1992 Second Reading, Rezoning Ordinance RM to CF and Conditional Use for Parking on CF Site and Trail Closure of Palm Square Page 3 RECOMMENDED ACTIONS: By motion, approval of the rezoning from RM to CF. By motion, approval of the conditional use request for a parking lot on Lots 42-44. By direction -t 0 ,sT3..+Y- to proceed with the trail closure of ~.. -- ~ H, Palm Square. Attachment: * P&Z Staff Report & Documentation of February 24, 1992 * Palm Square Homeowner petitions of January 9, 1992 T:CCPATIO.DOC 'I , ~ MJl'"1M L1^~- ec 'J>(.)~I'D kov~ (Me ,U~"- PALM SQUARE - MARINE W~_Y HOMEOWNERS ASSOCIATION DELRA Y BEACH, FLORIDA , RECEIVED FEB Z 4 1992 RESLTl -fa~MISSION JANUARY 9, 1992 ATTACHED PLEASE FIND COPIES OF PETITIONS FROM PROPERTY OWNERS IN THE IMMEDIATE AREA WHO BELIEVE THAT IN ORDER TO PROTECT THE QUALITY OF LIFE IN THE RESIDENTIALLY ZONED MARINA HISTORIC DISTRIC, PALM SQUARE SHOULD BE CLOSED AT THE NORTH END BETWEEN THE COMMERCIAL AND THE REIDENTIAL AREA, WITH A TURN AROUND. r A~Y~~I~~ THE ORIGINALS WERE GIVEN TO MR. HARDiN ON JANUARY 9, 1992 , "'<.'~.~' .-'t 11 " . 1" :, ~, .' .-., rr~\ ~~ (\\ \<~~}, ',;, ~' \,,'" Wt." W , ",.11" ,,~ ";..,.. ' " ~. " --,-I~~ .~ -- WE THE UNDERSIGNED. RESIDENTS OF DELRAY BEACH, FLORIDA, BELIEYE 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 1/3/72- ~J.' 4'0' ?~ j~ 1/3/0/1- r} i2 ~--lt'-i ,,3 .3 G!?1t-L '~<!L(>7: L I ~---'~ - T2-- ~ (1c.kuv-tA :3 '1 (~u?AIVl- ~,~~- f-)c ~1.... cJ~ ~ ~~ (II -1It~ uy-- 1-1- 1L J~7L-~ 7"7 ?f-. ~ ~ C~d~~~) ~~ ^~ ~ er~ L.~~ / - ~ - <)~ ~ fJ /7 71 ~ 7)-. ~--- /-,J-9~ I?;~' , , ~.~(,/~ '/, 7 ! h. &... tAl,...-l--'-. .1 0 ?Y{w-:lJ., , jl / /; 1;:< /'?'/;</>f ~J/'ry .." ' . / h / 7 ~ ~""'- r; JM!,>!; ,/'1l12- !II! ~~Yl /0;&0 (<<Y}1vJ,Y/.d 12133'1'i5~ " /~11!, ' '--1/J ').- . JQ t-.~. 1, 0 '/J.lJUv..u,-, 7 " 5 ) ..- ~< A". . "'- J.... _~ () I It:. -'--__ ;' ( /(q(qy . / 11; Jttvi~~ 1 j y I c;) ,,/-/-7:_ p' ../ // 4?j tJ/-1 /~ S-~, '! . '.' 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 BE~dEEN THE COMMERCIAL AND THE RESIDENTIAL AREA, . I " , - WITH A TURN AROUND. DATE NAME ADDRESS Ijr;1J- ;td~p 6't/~M9 II q/9:J- ~ ~ 5tf~ ~I /JdA.ay&Aj33'-ff5 l/q/t11- b~~ d-OO fJb;uIlI,,1fitt; t, C. l \lolcr2 U~. l.DI ~. E. I,T." '. ! /9 ,;1J Jl40AlI-146<>0' ;?,k; (,J f". c."., .$ a. ." , , I /0 Z ~,~I'L I_lfr- U ~('~ SQ.,uO.eC;- - - .., l I ., " THE UNDERSIGNED PROPERTY HOLDER IN DELRAY BEACH, FLORIDA BELIEVES THAT IN ORDER TO PROTECT THE QUALITY OF LIFE IN THE RESIDENTIALLY - ., ZONED rrtARINA HISTORIC DISTRICT, PALM SQUARE SHOULD BE CLOSED AT THE NORTH END BETWEEN THE COMMERCIAL AND THE RESIDENTIAL AREA, WITH A TURN AROUND. DATE NAME ~ISS - - 1':;1"2- .,;;~ J i31t" T'f"~"n>"/ ~ 0 Rt-,~ ~Q. , , ,. " -- - .... J. " .. , j " J ., " ,..-...... . I I I JANUARY 9, 1992 - MR. ALEXANDER CAMPBELL, WHO OWNS PROPERTY AT 53 PALM SQUARE, HAS INDICATED THROUGH HIS AGENT, MR. STEVEN 'BATES. THAT HE WILL I BE IN AGREEMENT WITH THE MAJORITY OF THE RESIDENTS OF PALM SQUARE. uM X, /2Ge ' I , i ' , ~ 7 ALIEDA N. ,RILEY I I ; I i ! ;. . - iI l: I .- I , - .'. . ~, I .'f ,. -... - _. ~. - --. -. _... 'It, .. ~4_.~r '. ~ ~,. . , ~ /;J p 14 do 1<- J) f= Ct-BS1 . "p 4- A fVl ;;;i<QcJftl2r;;- \ , -- . - AII-AvrfL- f1J1~ - f I 5/10 ?:J' - Kf;s71f.Jr~tJ I 1 rof. M G 1\ I I i yU[>"JE I P47!o fARKI1JC? I ) · F to f,Ef{f ~ - ~ ~ ~ltlA.LI1 ;'4~ .... ; <t:: .' Q-% ~ ~ ....~~~~ ~ t' gAeNIJ~1> ~ 2!? ~ ~, ~ ~ '. /-/ . ~ - ~ !'t ~ f))Kr' !'. ) . ~~ I:( 1j;f!:;. ~ ~ "- €IJIIB__ ~~., ;::::::.. /' / . W;; i!!fJ- ~.~ I . t,. '1 ' " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~../ SUBJECT: AGENDA ITEM ~ /D ']$ - MEETING OF MARCH 11. 1992 ORDINANCE NO, 9-92 DATE: March 6, 1992 This is a second reading of an ordinance amending the Land Development Regulations to provide that any required impact fee assessed for the purpose of providing park and recreation facilities shall be collected at the time of issuance of a building permit. Currently, all fees associated with permits, except the park and recreation impact fee, are imposed and collected at the time the building permit is issued, The existing code provides for the payment of the park and recreation impact fee prior to the issuance of a certificate of occupancy, It is staff opinion that by incorporating this change we can insure all fees are collected at one time, which would improve the existing processing and eliminate delays in the issuance of certificates of occupancy, Recommend approval of Ordinance No, 9-92 on second and final reading, ~ 5-0 " ,I MEMORANDUM TO: DAVID HARDEN - CITY MANAGER FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT~ jJ SUBJECT: AMENDMENT TO LDR'S - SEC. 5.3.2(C) (3) AND SEC. 5.3.2(C) (4) DATE: FEBRUARY 19, 1992 ITEM BEFORE THE COMMISSION: - - Request City Commission approval to amend Section 5.3.2(C) (3) and Section 5.3.2.(C) (4) of the LDR's regarding the required time of payment for impact fees assessed for the purpose of providing park and recreational facilities. BACKGROUND: Currently, all fees associated with permits, except the park and rec impact fee, are imposed and collected at the time the building permit is issued. The existing code provides for the payment of the park and rec impact fee prior to the issuance of a certificate of occupancy. By incorporating this change we can insure all fees are collected at one time, which would improve our existing processing and eliminate current delays in issuing c.o.'s. In some cases where the construction activity is complete, the existing code allows for the contractor/developer to delay payment, forcing staff to leave the permit file open, resulting in a tracking problem and necessitates the sending of additional notices. The proposed code amendments are identified by underscoring and would read as follows: Section 5.3.2(C) (3) The fee shall be collected at the time of issuance of a building permit. Section 5.3.2(C)(4) The impact fee for all other types of development shall be imposed and collected at the time of issuance of a building permit for the structure which houses the units. --- RECOMMENDATION: The Department of Community Improvement recommends City Commission approval of the proposed code amendments to Sec. 5.3.2 (C) (3) and Sec. 5.3.2 (C) (4) of the Land Development Regulations. The Planning and Zoning Board will consider this code amendment at their regular meeting on February 24, 1992. LB:DQ D12 PARKFEE.CC '. '. ORDINANCE NO, 9-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FIVE, "SUBDIVISION REGULATIONS", SECTION 5.3.2, "PARK LAND DEDICATION", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTIONS 5,3,2(C) (3) AND 5.3,2(C) (4) TO PROVIDE THAT ANY REQUIRED IMPACT FEE ASSESSED FOR THE PURPOSE OF PROVIDING PARK AND RECREATIONAL FACILITIES SHALL BE COLLECTED AT THE TIME OF ISSUANCE OF A BUILDING PERMIT; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1, That Chapter Five, "Subdivision Regulations", Article 5,3, "Dedication and Impact Requirements", Section 5,3,2, "Park Land Dedication", Subsection (C), "Impact Fee Required", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (C) Impact Fee Required: Whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an impact fee assessed for the purpose of providing park and recreational facilities shall be imposed, (1) The amount of the fee shall be $500 per dwelling unit regardless of the size or occupancy of the unit, (2) The fee shall be assessed against the following type of development: * single family homes * duplexes * multiple family dwelling units * motels, hotels, residential inns * resort dwelling units (3) The impact fee for single family dwellings shall be imposed and collected upon first development of the lot, If a previously built upon lot becomes vacant for a period of greater than 180 days, then upon reestablishment of residential use the impact fee shall be imposed and collected. However, in no event shall a lot be assessed such a fee more than once, The fee shall be collected ptt~tlllt~llt~ellt..~iritell~fllla tetttfttite/~f/~ttupi~tt' at the time of issuance of a buildinq permit. (4) The impact fee for all other types of development shall be imposed and collected up~rillt..uiritell~flla tetttfttite/~f/~tt~pi~tt at the time of issuance of a buildinq permit for the structure which houses the units, If such development involved the demolition or removal of dwelling units which had been continuously inhabited for 180 days prior to their demolition for the new development, a credit shall be given for those units. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the · remainder hereof as a whole or part thereof other than the part declared to be invalid. I .. , Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed, Section 4, That this ordinance shall become effective immediately upon passage on second and final reading, PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1992. MAY 0 R ATTEST: City Clerk First Reading Second Reading , - 2 - Ord, No. 9-92 'I ,I . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS -.I I FROM: CITY MANAGER. // SUBJECT: AGENDA ITEM ~ 10 C - MEETING OF MARCH 11. 1992 ORDINANCE NO, 10-92 DATE: March 6, 1992 This is a second reading of an ordinance amending the Land Development Regulations to provided that the Chief Building Official shall have the authority to approve canopies, marquees and covered walkways extending into the public right-of-way, through approval of an applicable agreement with the City, Section 6,3,5 of the Land Development Regulations currently states that canopies, marquees and covered walkways may extend into the public right-of-way when approved by the City Commission through approval of an applicable agreement with the City, This proposed amendment would grant the Chief Building Official that authority, If this amendment is approved, construction of canopies, etc, would be regulated by Section 2201,2 and 2201.3 of the Building Code, a copy of which is attached. The Planning and Zoning Board at their February 24th meeting recommended approval, Recommend approval of Ordinance No, 10-92 on second and final reading, P CW<:JuQ 5~o .. MEMORANDUM TO: DAVID HARDEN - CITY MANAGER FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMEN~ SUBJECT: AMENDMENT TO LDR'S - SEC. 6.3.5 CANOPIES - - DATE: FEBRUARY 19, 1992 ITEM BEFORE THE COMMISSION: - - Request City Commission approval to amend Section 6.3.5 of the LOR's governing approval of canopies, marquees and covered walkways extending into the public right-of-way. BACKGROUND: Section 6.3.5 currently states that canopies, marquees and covered walkways may extend into the public right-of-way when approved by the City Commission through approval of an applicable agreement with the City. We are proposing that the code be amended to grant the Building Official the authority to approve such items. Therefore, the proposed amendment would read as follows: canopies, marquees and covered walkways may extend into the public right-of-way when approved by the Chief Building Official through approval of an applicable agreement with the City. Proposed change is identified by the underscore. Permits are issued in compliance with Chapter 5, Section 5-1 of the Life Safety Code 101 and Chapter 22 of the Standard Building Code. (Code sections are attached for your reference) RECOMMENDATION: The Department of Community Improvement recommends City Commission approval on the proposed code amendment to Section 6.3.5 of the Land Development Regulations. The Planning and Zoning Board will consider this code amendment at their regular meeting on February 24, 1992. LB:DQ d12 Canopy.CC '. CHAPTER 22 USE OF PUBLIC PROPERTY 2201 GENERAL ':"..a..'~:.... The use of public property or any portion thereof, shall be in accordance '4::'~{:_~~~', "'11 with the provisions of this chapter, except signs which shall conform to the .-". . " requirements of Chapter 23, and allowable use of public property during ~:~i ~ construction in 2101,1, "4~> ' hi,.:; 2201,1 Doors And Windows ~'~~ ': Doors shall not open or project upon public property. Exit doors, as specified in Chapter II, which are required to open in the direction of exit travel, shall be set back from the property line by means of vestibules or similar enclosures, Windows which swing over public property shall have a clearance- of not less than 8 ft above the sidewalk or ground level. 2201.2 Marquees, Canopies Or Fixed Awnings 2201,2,1 Fixed awnings, marquees or canopies shall be entirely supported from the building, 2201,2.2 All combustible materials used in the construction of such canopies, awnings or marquees, shall be protected with not less than I-hour fire resistance as specified in Chapter 10. All glazing in marquees, canopies, or fixed awnings shall be of wired glass. 2201.2.3 Every fixed awning, canopy or marquee shall be at least 9 ft in the clear, between the lowest point or projection and a sidewalk immediately below. See 2303.5, The fixed awning, canopy or marquee shall not extend or oceupy more than two-thirds of the width of sidewalk measured from the building, except that such fixed awning, canopy or marquee may occupy the entire width of the sidewalk, provided it is 14 ft in the clear above the sidewalk, The overall height of any marquee or canopy, including signs, shall not exceed 8 ft measured from the roof of such marquee, 2201.2,4 Marquees or canopies designed for a roof live load of not less than 40 psf shall be permitted the full width of the building (front) and full depth of the building, comer location. 2201.3 Movable Awnings ';L':! Metal or canvas awnings may extend over public property for a distance i;.!,~ _. of not more than 5 ft, provided such awnings or any part thereof maintain a clear height of 8 ft above the sidewalk, All such movable awnings shall , '.'..-1 be supported on metal frames attached to the building, ''''t't ....2.J 2201,4 Prohibited Locations i ,.....;:~ 2201,4.1 Every awning, marquee or canopy shall be so located as not to .~~"! interfere with the operation of any exterior standpipe, stairway or exit from ("...1 the building. .~o 2201,4,2 Awnings, marquees or canopies shall not be used as a landing ';1, 'J,J ': ., "\{j for any fire escape or exterior stair. Standard Building Code/1988 381 le/1988 " _....""'''!iI'~.[ ~ ~~'!if ~ 1r~::-.:1f!~~~'f:'''''';;f:g. ,f<~...." ~" ~ ~r" ~ ~i'~ hC~t "1' ,- ~~.~ i _'r.., ""- ~ ~ Vi fJ :r~.!2. -, 0"'0 ~ _. . a: ~- .-. _.~O Vi VI::t ~ 3 ..., _. =>> ~ -. 0"", 6'~~~ nno= o~~ ~~ ~;: ~ 3 -. ::s ::r 3 . ~ ~ _ -sr < .., ~ ~ -, n E, ;::' : :-; -g g-OC 0. 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'. ~ i: . ~ g- - , 00 Oll ......:1 -0 - ORDINANCE NO, 10-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER SIX, "INFRASTRUCTURE AND PUBLIC PROPERTY", SECTION 6.3,5, "CANOPIES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE THAT THE CHIEF BUILDING OFFICIAL SHALL HAVE THE AUTHORITY TO APPROVE CANOPIES, MARQUEES AND COVERED WALKWAYS EXTENDING INTO THE PUBLIC RIGHT-OF-WAY, THROUGH APPROVAL OF AN APPLICABLE AGREEMENT WITH THE CITY; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Six, "Infrastructure and Public Property", Article 6,3, "Use and Work in the Public Right-of-Way", Section 6.3,5, "Canopies", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 6,3,5 Canopies: Canopies, marquees and covered walkways may extend into the public right-of-way when approved by the ~Ltt/~0~LssL0~ Chief Building Official through approval of an applicable agreement with the City, Section 2. That should any section or prov~s~on of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid, Section 3, That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed, Section 4. That this ordinance shall become effective immediately upon passage on second and final reading, PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1992, MAY 0 R ATTEST: City Clerk First Reading Second Reading . ,I ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # /0]) - MEETING OF MARCH 11. 1992 PURCHASE OF DOWNTOWN DEVELOPMENT AUTHORITY PARKING LOTS DATE: March 6, 1992 In October 1991, the Commission requested that staff arrange for the transfer of ownership of the two Downtown Development Authority parking lots located on N,E, 4th Avenue to the City, The City Attorney's office has negotiated a Contract for Sale and Purchase in order to accommodate this request, The contract provides that the City will purchase each lot for $1,00 i and, that in the event the City no longer uses the parcels for public parking purposes, the property will revert back to the DDA, A closing date of April 30, 1992 has been established Recommend approval of the purchase of the Downtown Development Authority parking lots on N,E, 4th Avenue, ~ 6-0 .. ~ I RECEiVED CITY DF DELRAY BEA[H ~.IAR 0 5 '992 CITY COMMISSION :TTV ATTORNEY'S OFFICE . ,~ ... .. Wr~t_r'. D~r_ct L~n_ (407) 243-7090 MEMORANDUM Date: March 4, 1992 To: City Commission David Harden, City Manager From: David N, Tolces, Assistant City Attorn~ Subject: Purchase of DDA Parkinq Lots In October of 1991, the Commission requested staff to arrange for the transfer of ownership of the two Downtown Development Authority parking lots on N,E, 4th Avenue to the City. The attached Contract for Sale and Purchase is before you in order to finalize the transfer, The purpose of transferring owner- ship is to relieve the DDA from their insurance obligations on the property, As provided in the agreement, the City will purchase each lot for $1.00, The DDA will retain a reversionary interest in the parcels, In the event the City no longer uses the parcels for public parking purposes, the property will revert back to the DDA, If you have any questions, please call. DNT: sh Attachment parking.dnt .. CONTRACT FOR SALE AND PURCHASE COME NOW, the parties the DOWNTOWN DEVELOPMENT AUTHORITY OF DELRAY BEACH, FLORIDA (hereinafter referred to as the "SELLER") and the CITY OF DELRAY BEACH, a municipality of the State of Florida located in Palm Beach County (hereinafter referred to as "BUYER" ) and hereby agree that the SELLER shall sell and the BUYER shall buy the following interest in real property upon the following terms and conditions which are as follows: 1. SELLER agrees to convey fee simple title to real property located in Palm Beach County, Florida (hereinafter referred to as "Parcell") being described as follows: Lot 10, Block 92, Resubdivision of Blocks 91 and 92 and the West half of Block 99, Town of Linton, Delray Beach, Palm Beach County, Florida. 2. SELLER agrees to convey fee simple title to real property located in' Palm Beach County, Florida (hereinafter _. referred to as "Parcel 2") being described as follows: The South Six inches of Lot 9 and all of Lot 8, ----Block 92, in Resubdivision of Block 91 and 92 and West 1/2 of Block 99, Town of Linton, (now known as City of Delray Beach) , Florida, according to the plat thereof recorded in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 2, Page 21. 3. PURCHASE PRICE: BUYER shall pay One Dollar and no/100 ($1.00) for the above-described Parcel 1 and One Dollar and no/lOO for Parcel 2. The entire purchase price shall be due and payable at the time of closing. 4. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties or fact of execution communicated in writing between the parties on or before March 31, 1992, the offer will be withdrawn unless extended by mutual agreement. The date of this contract ("Effective Date") will be the date when the last one of the BUYER and the SELLER has signed this offer. 5. CLOSING DATE: This transaction shall be closed and - the deed and other closing papers delivered on April 30, 1992 unless extended by other provisions of the contract. " - 6. RESTRICTIONS; EASEMENTS; LIMITATIONS: BUYER shall take title to Parcel 1 and Parcel 2 subject to zoning restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record, taxes for year of closing and subsequent years. Seller shall retain a right of reversion in the event either parcel is no longer used for public parking purposes. 7 . OCCUPANCY: SELLER warrants that there are no parties in occupancy other than SELLER, 8. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of the Contract in conflict with them, 9, SURVEY: BUYER, at BUYER's expense, within time allowed to deliver evidence of title and to examine same, may have Parcel 1 and Parcel 2 surveyed and certified by a registered Florida surveyor. If survey shows encroachment on either parcel or that improvements located on either parcel encroach on setback lines, easements, lands of others, or violate any restrictions, Contract covenants or applicable governmental regulation, the same shall constitute a title defect. 10. LIENS: SELLER shall furnish to BUYER at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or~tential lienors known to SELLER and further attesting ",that there have been no improvements or repairs to neither Parcel 1 nor Parcel 2 for 90 days immediately preceding date of closing. SELLER's affidavit shall exclude matters arising from BUYER's possession or use of the property, If either parcels have been improved, or repaired within that time, SELLER shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to SELLER's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improve- ments or repairs which could serve as a basis for a mechanic's lien or a claim for damages have been paid or will be paid at closing. II. PLACE OF CLOSING: Closing shall be held in the county where the parcels are located, at the office of the attorney or other closing agent designated by BUYER. 12. TIME =- Time is of the essence of this Contract. Time periods herein of less than 6 days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. 2 " . 13. DOCUMENTS FOR CLOSING: SELLER shall furnish mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments as necessary. BUYER shall furnish closing statement and deeds. 14. EXPENSES: Documentary stamps on the recording of corrective instruments shall be paid by the BUYER. Documentary stamps on the deed shall be paid by BUYER. 15. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are.- ~to,- be paid by - BUYER. Pending liens as of date of closing shall be assumed by BUYER. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and BUYER shall, at closing, be charged an amount equal to the last estimates of assessment for the improvement by the public body. 16. ATTORNEY FEES; COSTS: In the event of any dispute, litigation or default, SELLER's sole remedy shall be to terminate the contract and refuse to close. 17. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorneY-for any party shall be as effective as if given by or to that party. -: .. 18. CONVEYANCE: SELLER shall convey title to Parcel 1 and Parcel 2 by special warranty deed, subject only to matters contained in Paragraph 6 and those otherwise accepted by BUYER. 19. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon BUYER or SELLER unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. DATED: March , 1992. SELLER: BY: -. DOWNTOWN DEVELOPMENT AUTHORITY Tax I,D. # BUYER: 3 " - ' , . BY: CITY OF DELRAY BEACH ATTEST: City Clerk Approved as to Form and Legal Sufficiency: City Attorney --- -. 4 'I < - . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER. "W SUBJECT: AGENDA ITEM i J ~ ".q - MEETING OF MARCH 11. 1992 ORDINANCE NO. 11-92 DATE: March 6, 1992 This is a first reading of an ordinance correcting the zoning classification for Lots 1, 2 and 3, Block 1, Golf Park located at the northwest corner of Lowson Boulevard and Congress Avenue from PC (Planned Commercial) district to POC (Planned Office Center) district; and correcting the Official Zoning Map. This property was zoned to the SAD (Specialized Activities District) classification in 1984 with the uses limited to professional offices; medical offices and labs; travel agency. With the approval and implementation of the Land Development Regulations, a new zoning classification POC (Professional Office District) was created. When the Official Zoning Map was created, the PC designation was applied to this property in error. PC designation is to be applied only where there is five acres within the development or a special circumstance applies. POD is the appropriate zoning classification for this property. The Planning and Zoning Board does not review relief from improper regulation requests. The Special Adjustment Advisory Board has reviewed this request and has determined that an inadvertent action may have occurred and that special consideration is warranted. Recommend approval of Ordinance No. 11-92 on first reading. ~5-0 '. . . - , ,','" C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER FROM: (~~\~A~~~R DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF MARCH 11, 1992 FIRST READING OF AN ORDINANCE CORRECTING THE OFFICIAL ZONING MAP ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance which corrects the Official Zoning Map with a change from PC to POD for the Landis Professional Center. The Landis Professional Center is located at the northwest corner of Lowson Boulevard and Congress Avenue. This item is being presented directly to the City Commission through the provisions of Section 2.4.7(F)(2) Relief From Improper Regulations. BACKGROUND: This property was zoned to the SAD classification in 1984 with the uses 1 imi ted to "professional offices"; "medical offices & labs"; "travel agency" . With the LDRs a new classification of Professional Office District was created. When the Official Zoning Map was created, the PC (Planned Commercial) designation was applied instead of POD. This is clearly an error in that the PC designation is to be applied only where there is five acres within the development or a special circumstance applies. Neither situation applies in this instance. Further the POD is tailored for this situation. Attached is a letter exchange between the City and the property owner in which he seeks correction of the situation. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board does not review this type of request. The Special Adjustment Advisory Board has reviewed the request and has determined that an inadvertent action may have occurred and special consideration is warranted. " . City Commission Documentation First Reading of an Ordinance Correcting the Official Zoning Map Page 2 RECOMMENDED ACTION: By motion, approval of this correcting ordinance on first reading. Attachment: * Letter exchange * Location map DJK/CCLANDIS.DOC . February 24, 1992 Mr. David Kovacs Planning and Zoning Director 100 N.W. 1st Avenue Delray Beach, Florida 33444 RE: Inconsistent Land Use and Zoning Designation Landis Professional Center Dear Mr. Kovacs, It has come to my attention that the PC zoning on my office building is inconsistent with the underlying Transitional land use designation. I understand that this situation is the result of a technical error which occurred during the adoption of the Land Development Regulations in 1990. The correct zoning classification for this property is POD, Professional Office District. Please initiate corrective action to have the zoning classification changed from PC to POD. Sif-' m' ~ I Lwrence M. Lan is Landis Professional Center .. ~. \', " '4J ~ \ ~. ... '. ~. ", .. .. ..: _.~ 'l '-;... I.. ~ 1(\"';'\ '., 00' , " , [ITY DF DElRAY BEA[H f0~j .\, . q .~;~ 100 :\i.W lit AVENUE . DE:"MAY BEACH. FLORIDA 33444 . 407243.7000 February 24, 1992 Mr. Lawrence M. Landis 990 S. Congress Avenue Delray Beach, Florida 33445 RE: Inconsistent Land Use and Zoning Designations Landis Professional Center Dear Mr. Landis, The Planning and Zoning Department has received a Conditional Use request to allow a veterinary clinic at the Landis Professional Center. During our review of the application, we noted that the property has a land use designation of Transitional, but is zoned PC, Planned Commercial. This creates an inconsistency between the land use and zoning, in that the PC zoning district is not permitted under a Transitional land use classification. The PC zoning was applied to your property in error during the adoption of the Land Development Regulations (LDRs) in 1990. The correct zoning designation for this site is POD, Professional Office District. This classification is consistent with a Transitional land use, and is an appropriate zoning for the existing office center. This discrepancy between the land use and zoning classifications can be easily rectified by the City Commission through enactment of a correcting ordinance. In order to quickly initiate this corrective action, we would like a letter from you requesting that the change be made. I have attached such a letter for your signature. Once we have received the signed letter, we will schedule the item for immediate consideration by City Commission. 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()- 0 (.L ~ .;..-_. , . m ~ : ill ~ "__ - ~ ~ g ~ at ~ e ell! · --- ~ )1 : a : ~ 'I .4" ....{" of"""',. -, - - ---- . --~- ---"- - -~ - --" .-- ~ - ---..- ----_._~._---~- ---- - ----- ORDINANCE NO. 11-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR LOTS 1, 2 AND 3, BLOCK 1, GOLF PARK, AS RECORDED IN PLAT BOOK 26, PAGE 141 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, FROM PC (PLANNED COMMERCIAL) DISTRICT TO POC ( PLANNED OFFICE CENTER) DISTRICT; SAID LAND IS LOCATED AT THE NORTH- WEST CORNER OF LOWSON BOULEVARD AND CONGRESS A VENUE; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is shown as being zoned PC (Planned Commercial) District on the Zoning District map of the City of Delray Beach, Florida, dated October 1, 1990; and, WHEREAS, a review of City records indicates that such zoning classification was inadvertently applied to said property; and, WHEREAS, Section 2.4.7(F)(2) of the Land Development Regulations has made provisions for relief from improper regulations; and, WHEREAS, a request has been made with respect to the subject property and has been reviewed by the Special Adjustment Advisory Board, and has been determined to be the result of improper enactment; and, - '\ I WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated October 1, 1990, be corrected to reflect the proper zoning thereof, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated October 1. 1990, be, and the same is hereby corrected to reflect a zoning classification of POC (Planned Office Center) District for the following described property: Lots 1, 2 and 3, Block 1, Golf Park, according to the Plat thereof recorded in Plat Book 26, Page 141 of the Public Records of Palm Beach County, Florida, LESS that part as described in Official Records of Palm Beach County, Florida, more particularly described as follows: The external area created by a circle with a 25 foot radius tangent, to the South line of said Lot 1 and tangent to the East line of said Lot l- And also less that part as described in Official Record Book 5769, Page 616 of the Public Records of Palm Beach County, Florida, more particularly described as follows: A portion of Lots 1, 2 and 3, Block 1 of the Plat of Golf Park, as recorded in plat Book 26, Page 141 of the Public Records of Palm Beach County, Florida, and being more particularly described as follows: Commencing at the northeast corner of said Lot 3, thence south 000 52'38" east, along the east line of said Lot 3, a distance of 4.36 feet to the Point of - Beginning of the herein described parcel; thence continue south 00052'38" east, along the westerly . right-of-way line of Congress Avenue as shown on the --.---- said Plat of Golf Park, a distance of 202.78 feet to the beginning of a curve concave northwesterly, having a radius of 25.00 feet and a central angle of 330 25'32"; thence southwesterly along the arc of said curve, a distance of 14.58 feet to a point on a curve concave westerly having a radius of 5672.58 feet, a central angle of 020 11'16" and whose radius bears north 88041'22" west from said point; thence northerly along the arc of said curve, a distance of 216,61 feet to the Point of Beginning Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Sect 1. 0 l". 1 hereof. Section 3. That all ordinances or parts of ordinances l.n 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. 11-92 " .