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07-21-92 Regular ., . CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - JULY 21. 1992 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments. However, as a general rule, the order of presentation shall be as follows: City Staff, comments by the public, Commission discussion and official action. City Commission meetings are business meetings and as such, the Commission retains the right to limit discussion on any issue. In most cases remarks by an individual will be limited to three minutes or less (10 minutes for group presentations). The Mayor or presiding officer may adjust the amount of time allocated at his/her discretion. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items f rom 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 appropriate time, please step up to the podium and state, for the record, your name and address. All comments will be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred from speaking further to the Commission 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 7/21/92 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 not provide or prepare such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda approval. Action: Motion to approve. s: Approval of Regular Meeting minutes of June 16, 1992 and June 23, 1992 and Special Meeting Minutes of July 7, 1992. 6. Proclamations: A. Water and Pollution Control Operators Week - August 17 through 2 1, 1992. 7. Presentations: A. Presentation by Tennis Stadium Task Force. 8. Consent Agenda: City Manager recommends approval. A. FINAL PLAT APPROVAL/D.B.O. ACRES: Approve the final plat for D.B.O. Acres Plat No. 2 located at the southwest corner of Linton Boulevard and Dixie Highway. Planning and Zoning Board recommends approval subject to the condition that a financial guarantee for all public improvements be submitted prior to release of the plat for recording. B. FINAL PLAT APPROVAL/GRIFFIN GATE: Approve the final plat for the Griffin Gate subdivision located at the southeast corner of South Swinton Avenue and S.E. 4th Street. Planning and Zoning Board recommends approval subject to the condition that a financial guarantee for all public improvements be submitted prior to release of the plat for recording. C. FINAL PLAT APPROVAL/INITIATION OF REZONING - SIMMONS CAY: Approve the final boundary plat for Simmons Cay (Ocean Cay) located along North Ocean Boulevard between Thomas Street and -2- ,. " City Commission Regular Meeting 7/21/92 Vista Del Mar Drive and authorize staff to initiate the rezoning of both parcels from RM (Medium Density Residential) to R-1AAA (Single Family Residential). D. RATIFICATION OF AMENDMENT TO OLD SCHOOL SOUARE MANAGEMENT AGREEMENT: Ratify the amendment to the management agreement with Old School Square, Inc. which provides for "naming opportunities" in conjunction with fund raising activities. E. AWARD OF BID - EMERGENCY REPAIR/S. E. 2ND STREET: Approve the emergency award of bid to Johnson Davis, Inc. in the amount of $43,000 for the rehabilitation of a sanitary sewer line and manhole on S. E. 2nd Street with funding from Water and Sewer Renewal and Replacement - Manhole Rehabilitation (Account No. 442-5178-536-61.84). F. GRANTING OF UTILITY EASEMENTS: Grant utility easements to Florida Power and Light for the relocation of electrical service to the Water Treatment Plant in conjunction with the Lime Softening Conversion project and to provide electrical service to the Miller Park Water Storage Tank and Booster Station. G. RATIFICATION OF A SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION: Ratify a decision made by the South Central Regional Wastewater Treatment and Disposal Board at their February 26, 1992 meeting, authorizing the usage of funds in the amount of $3,924,000 from the Sinking Fund for Repair and Replacement Projects. H. REOUEST FOR FINAL PAYMENT/SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD: Approve the request for final payment in the amount of $3,404.65 from the South Central Wastewater Treatment and Disposal Board for completion of Task No. 8.3 - Odor Abatement System Training and Start-up Services; with funding from 1991 Water and Sewer Revenue Bond Issue (Account No. 447-5165-536-33.11). I. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/ATLANTIC AVENUE - MILITARY TRAIL INTERSECTION IMPROVEMENTS: Approve an interlocal agreement with Palm Beach County for funding to jointly participate in the construction of improvements within the right-of-way intersection of Atlantic Avenue and Military Trail. J. RESOLUTION NO. 73-92/AUTHORIZATION TO SUBMIT GRANT APPLICATION: Approve a resolution authorizing the City Manager to enter into an Urban and Community Forestry Grant Memorandum of Agreement with the State of Florida Division of Forestry and authorize staff to submit a grant application for matching funding in the amount of $6,250 to build shade and mist houses, fencing and irrigation at the nursery located at the Cemetery. -3- .. ,.,. " City Commission Regular Meeting 7/21/92 K. RESOLUTION NO. 74-92: A resolution accepting and supporting the expansion of the membership of the Metropolitan Planning Organization to include representatives from the City of Belle Glade and the Port of Palm Beach. L. RIGHT-OF-ENTRY ACCESS EASEMENT/CBD ALLEY RECONSTRUCTION PROJECT: Approve an agreement for right-of-entry from the property owner at 47 S.E. 5th Avenue in conjunction with the CBD Alley Reconstruction project. M. RESOLUTION NO. 68-92: A resolution assessing the cost to secure an unsafe pool structure at 3557 Lakeview Drive. N. RESOLUTION NO. 69-92: A resolution assessing the cost for abatement action required to board up an unsafe structure at 3557 Lakeview Drive. O. RESOLUTION NO. 70-92: A resolution assessing the cost for abatement action required to board up an unsafe structure at 45 N.W. 1st Avenue. P. RESOLUTION NO. 71-92: A resolution assessing the cost for abatement action required to demolish an unsafe structure at 516 N.W. 1st Street. Q. RESOLUTION NO. 72-92: A resolution assessing the cost for abatement action required to remove nuisances on 23 properties located within the City. R. AWARD OF BIDS AND CONTRACTS: 1. Fire Station No. 5 - J.W.R. Construction Services, Inc. in the amount of $646,699 with funding from the Decade of Excellence Bond Issue (Account No. 225-2311-522-61.57) 2 . Fire Hydrant Replacement - B & H Sales at an estimated annual cost of $24,400 with funding from Water and Sewer Fire Hydrant Replacement (Account No. 442-5178-536-61.77). 3. Radio Conversion to Unit 1.D. - POlice/Fire Radio System - Motorola C & E Inc. in the amount of $31,748.85 with funding from the Federal Forfeiture Assets Fund (Account No. 115-2112-521-34.11). S. AUTHORIZATION TO SUBMIT GRANT APPLICATION: Authorize staff to submit a grant application to the Florida Department of Health and Rehabilitative Services Office of Emergency Medical Services for funding in the amount of $127,500 to be used to purchase two Emergency Rescue Vehicles. This is a 75/25 matching grant program. T. RESOLUTION NO. 75-92: A resolution requesting that the Board of County Commissioners request that the State of Florida Department of Natural Resources investigate the feasibility of -4- '. ,. City Commission Regular Meeting 7/21/92 designating the Intracoastal Waterway adjacent to the Delray Harbor Club Marina as an "Idle Speed - No Wake" zone. 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 June 22, 1992 through July 10, 1992. B. REOUEST FOR EXTENSION OF CONDITIONAL USE APPROVAL/HESS GASOLINE: Consider a request for an additional 12 month extension to the conditional use and site plan approval for the Hess Gasoline Station located on Military Trail, north of Atlantic Avenue. City Manager recommends approval. C. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT: Consider ratifying the collective bargaining agreement with the International Association of Fire Fighters. D. AUTHORIZATION TO PROCEED WITH AWARD OF BID/BEACH RENOURISHMENT PROJECT: Accept staff findings and authorize the award of bid for the Beach Renourishment project, scheduled to commence on or after October 16, 1992, to Great Lakes Dredge and Dock Company in the amount of $3,823,220, with funding from Erosion Control (Account No. 332-4164-572-34.38); and, subject to receipt of the executed Local Cooperation Agreement from the Army Corps of Engineers. City Manager recommends approval. E. FIRE STATION NO. 1 FUNDING AND BID AWARD: 1. Approve an interim funding source for the Fire Station No. 1 project. City Manager recommends approval. 2 . Award the bid for construction of Fire Station No. 1 to S. I. Nicholas, Inc. in the amount of $1,586,953, which includes deduct Alternate No. 1 and adds Alternate 5, with funding from Decade of Excellence Bond Issue - Fire Station (Account No. 225-2311-522-61.56). City Manager recommends approval. F. SERVICE AUTHORIZATION NO. 4.1/CURRIE SCHNEIDER: Consider Service Authorization No. 4.1 in an amount not to exceed $45,000 for basic resident project representative services for the Fire Station No. 1 project; with funding from Decade of Excellence Bond Issue - Central Fire Station (Account No. 225-2311-522-61.56). City Manager recommends approval. G. ' AGREEMENT FOR ARCHITECTURAL SERVICES/SERVICE AUTHORIZATION NO. 1 - DIGBY BRIDGES. MARSH AND ASSOCIATES: Approve the agreement for architectural services with Digby Bridges, Marsh and Associates and approve Service Authorization No. 1 in the -5- " ,,' ,. City Commission Regular Meeting 7/21/92 amount of $140,000 (professional fees), not to exceed $60,000 (resident project representative services), and a $1,000 a day (not to exceed $15,000) for early completion, to develop a Tennis Center/Stadiumj with funding from General Construction Fund Tennis Center/Stadium (Account No. 334-4145-572-63.41) which will be replaced with long term funding. City Manager recommends approval. H. SERVICE AUTHORIZATION NO. 3/MICHAEL B. SCHORAH AND ASSOCIATES: Approve a service authorization in the amount of $8,394 for surveying services in conjunction with the construction of a road on S. W. 7th Avenue, immediately south of S.W. 3rd Street; with funding from Decade of Excellence (Account No. 225-3162-541-61.17). City Manager recommends approval. r. CODE ENFORCEMENT BOARD COMPOSITION: Provide direction with regard to the alternate member positions of the Code Enforcement Board. J. CONTRACT AMENDMENT/ELKINS CONSTRUCTORS: Approve an amendment to the contract with Elkins Constructors which provides that if the contractor can show the City how to reduce the cost of the Water Treatment Plant Lime Softening Conversion project that the contractor will receive 25% of the savings as compensation. City Manager recommends approval. K. CHANGE ORDER NO. 3/ELKINS CONSTRUCTORS: Approve a Change Order in the amount of'$l1,199 for miscellaneous in-scope changes integral for construction of the Water Treatment Plant Lime Softening Conversion; with funding from Water Treatment Plant Conversion - Buildings (Account No. 447-5164-536-60.31). City Manager recommends approval. L. CHANGE ORDER NO. 4/ELKINS CONSTRUCTORS: Approve Change Order No. 4 in the amount of $3,629 to remove the existing irrigation system pump, deleting the four inch gate valve, adding two new control valves, relocating the controller and rain sensor to the lime building, size changes to irrigation lines and connecting to the new eight inch water linej with funding from Water Treatment Plant Conversion - Buildings (Account No. 447-5164-536-60.31). City Manager recommends approval. M. CHANGE ORDER NO. 5/ELKINS CONSTRUCTORS: Approve Change Order No. 5 in the amount of $22,628.02 to replace the filters and pliable mats, repairing/replacing piping brackets and spray nozzles, and installation of one 12 inch butterfly valve and one spare valve on four air stripping towersj and to reroute a six inch pipe to the filter backwash recovery basin; with funding from Water and Sewer Renewal and Replacement - Equipment Replacement (Account No. 442-5178-536-61.76). N. CHANGE ORDER NO. B/DATA FLOW SYSTEMS. INC. : Approve a change order and an attendant budget transfer in the amount of -6- ,. ,. City Commission Regular Meeting 7/21/92 $29,555 for the installation of four remote terminal units at raw water wells 8, 9, 12, and 15, one remote terminal unit at Lift Station No. lOA, and one remote terminal unit at the Owens-Baker Re-pump Stationj with funding from Water and Sewer Telemetry-Sewage Lift Station (Account No. 441-5161-536-64.05). City Manager recommends approval. O. PROPOSED CHANGE TO THE CODE OF ORDINANCES/POLICE AND FIRE PENSION SYSTEM: Consider a staff recommendation concerning a proposed amendment to Code Section 33.62 (6 ) with regard to the Police and Fire Department Retirement System. P. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint a member to the Code Enforcement Board to fill an unexpired term ending January 14, 1994. Q. APPOINTMENT TO THE POLICE AND FIRE PENSION BOARD OF TRUSTEES: Appoint a member to fill the expired term of Leon Weekes. R. RESOLUTION NO. 76-92: Consider approving a resolution opposing any change in the Coastal Construction Control Line. 10. Public Hearings: A. COMMUNITY DEVELOPMENT BLOCK GRANT PROPOSED 1992-93 STATEMENT OF OBJECTIVES: Conduct public hearing on proposed expenditure of CDBG funds for fiscal year 1992-93. City Manager recommends approval. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: A. ORDINANCE NO. 27-92: An ordinance amending the Land Development Regulations to provide for multi-tenant retail uses in the Central Business District (CBD), General Commercial (GC) and NC (Neighborhood Commercial) zoning districts. If passed public hearing to be held at a future date. B. ORDINANCE NO. 23-92: An ordinance amending the Land Development Regulations to provide that one of the registered architect position on the Site Plan Review and Appearance Board shall be filled by either a registered architect or a registered professional civil engineer. Site Plan Review Board and Chamber of Commerce Blue Ribbon Task Force recommend approval. If passed public hearing August 11th. -7- I, " . City Commission Regular Meeting 7/21/92 C. ORDINANCE NO. 26-92: An ordinance amending the Land Development Regulations to provide that owners of properties where buildings are subdivided into suites or bays shall install and maintain correct suite and bay designations. City Manager recommends approval. If passed public hearing August 11th. 13. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager D. Municipal and County Issues -8- " ,. ~ = ~ ~----4 - [tTY DF DElRAY BEAEH r=< ;S',.:.." 334..1J. -+:.1 PROCL-U/A TIO\ WHEREAS, the health and welfare of our citizens are of vital state and national concern; and, WHEREAS, the Florida Water and Pollution Control Operators Association is a statewide organization dedicated to maintaining water quality in Florida; and, WHEREAS, these trained, dedicated and knowledgeable operating personnel maintain water and wastewater plants t:hroughou t the State of Florida; and, WHEREAS, the Operators Association conducts operating training throughout the State at the twelve (12 ) regional levels and acts as liaison between the Department of Environmental Fegulation (DER) and operators in the field; and, WHEREAS, the Association reviews and assists in supervising State certification examinations and coordinates the Statewide plant operations awards program with DER, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, do hereby proclaim August 17-21, 1992, as "WATER AND POLLUTION CONTROL OPERATORS WEEK" in Florida and urge all citizens to join in saluting the c::Jntributions of these persons to the improved water and s~nitation conditions of our State. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach, Florida, to be affixed this 21st day of July, 1992. MAY 0 R THOMAS E. LYNCH . " DELRAY BEACH TASK FORCE STATEMENT We believe that the goal of the City of Delray Beach should be to provide our City with a first class tennis operation capable of properly hosting events of the quality brought to us by Liddun International, and at the same time satisfying the needs of our resident tennis players. Financially we should strive to maximize profits exhausting all "Tennis Options" and then investigating alternative uses. We must understand our limitations such as, acoustics, parking, traffic flow, and the general impact on the surrounding neighborhood. We must develop a business plan for the City's tennis operation as a whole, including the Tennis Stadium, coordinating our thoughts and plans with such City organizations as Old School Squ~re, Delray Beach Playhouse, Peach Umbrella Association, Community Development Association, Downtown Development Association, Atlantic Avenue Association, and Delray Merchants Association. The Task Force representing a wide spectrum of the community came together, combined their thoughts and ideas to bring you a consensus as to what our future may hold. Below is an outline of our recommendations. f~ ~ Y1UcLad tJ~ ost ~ juhf c2lJ /~9~ C~ ~~- H~ i-tUL ~ - '. ,- RECOMMENDATIONS I. Tennis Operations, Not Just a Stadium A. Memberships B. Guest fees c. Corporate sponsorships D. OUtside tennis events E. Tourism F. Junior development II. Sporting Uses A. Preference for tennis, then other sporting events B. Understand limitations i. Acoustics ii. Impact on neighborhood iii. parking iv. Traffic flow C. Other Possibilities to be Explored III. Non-Sporting Uses A. Religious events B. Graduation exercises IV. Coordination with Downtown Events and Long-Term Goals of Downtown Delray A. Old School Square Utilization B. Delray Playhouse Utilization c. Peach Umbrella Utilization D. CRA, DDA, DMA, AAA Utilization and others V. Future Uses A. Music concerts B. Tenting .. ., , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tn1 SUBJECT: AGENDA ITEM i ~{1 - MEETING OF JULY 2 L 1992 FINAL PLAT APPROVAL/DBO ACRES PLAT NO. 2 DATE: July 10, 1992 This item is before you to approve the final plat for D.B.O. Acres Plat No. 2 located at the southwest corner of Linton Boulevard and Dixie Highway. This platting action was required as a condition of rezoning and conditional use approval granted by the City Commission on December 10, 1991. The plat which has been submitted consists of four (4 ) lots, the deeding of six feet of additional right-of-way along Linton Boulevard, and an eight inch sanitary sewer line extension to serve the sites. The Planning and Zoning Board at their June 15th meeting approved the preliminary plat and certified the final plat as being consistent, subject to conditions. Those conditions have been satisfied with the exception of the requirement for a financial guarantee for public improvements. A detailed staff report is attached as backup material for this item. Recommend approval of the final plat for the D.B.O. Acres Plat No. 2 subject to the condition that a financial guarantee for all public improvements be submitted prior to release of the plat for recordation. .. " oK ~1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: T. HARDEN, CITY MANAGER - THRU: ZONING FROM: II SUBJECT: MEETING OF JULY 21, 1992 APPROVAL OF FINAL PLAT D.B.O. ACRES PLAT NO. 2, REPLAT OF LOT 3 **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the final plat for D.B.O. Acres Plat No. 2. The project is located at the southwest corner of Linton Boulevard and Dixie Highway. BACKGROUND: On November 18, 1991 the Planning and Zoning Board forwarded a recommendation of approval for the rezoning to G.C. (General Commercial) from P.C. (Planned Commercial) and a conditional use request associated with a specialty automobile service use to be located on proposed Lot 4 of D.B.O. Acres Plat No.2. The City Commission approved the rezoning and the conditional use request on December 10, 1991, subject to conditions. Associated with this approval was the intent to subdivide Lot 3 into four smaller lots for individual lot development. A condition of approval was a requirement to process a plat subsequent to site plan approval, thereby assuring the ability to comply with all Land Development Requirements. The site plans for both Wendy's (Lot 2) and Tire Kingdom (Lot 4) were approved on May 13, 1992 by the Site Plan Review and Appearance Board, subject to conditions. The plat which has been submitted consists of four (4) lots, the deeding of 6 ' of additional right-of-way along Linton Boulevard, and the extension of an 8" sanitary sewer to serve the sites. The plat has been processed concurrently with the site plans for Wendy's and Tire Kingdom and is now ready for City Commission action. .. " City Commission Documentation Final Plat - D.B.O. Acres Plat No. 2 Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board initially reviewed this item at its meeting of May 18, 1992. At that time it was determined that there were too many outstanding technical items and the final plat petition was continued to the June Planning and Zoning Board meeting. The Planning and Zoning Board formally reviewed this item at its meeting of June 15, 1992. At that time the preliminary plat was approved and the final plat certified as being consistent with the preliminary plat, subject to conditions. Those conditions dealt with providing all other agency permits, a hold harmless agreement for the Tire Kingdom dumpster (dumpster is planned over a 12' utility easement), a financial guarantee for all public improvements, and revised plans to meet technical comments before the plat is scheduled for City Commission action. The applicant has provided a copy of the required permits, the hold harmless agreement, and revised plans. The only outstanding item is the financial guarantee, which will be a condition of recordation. RECOMMENDED ACTION: By motion, approve the final plat to D.B.O. Acres Plat No. 2 subject to the following condition: * That before the plat is released for recordation, the financial guarantee for all public improvements is received. Attachment: * Location Map and Reduced Survey T:DBOCC.DOC .. " . ~.tj lll.J.2..l.T 111....1 r ~;S'l oR II J ~ ,1 \ I (II 1111 II1I fTf !=iF, f........... L \ L I r I I I I / ~ ~ II ! Ii wi MOl TON TlItE / il KUlAr MAU. UNTON BOULEVARD I /~/ COSTCO ElOCON K.f .c. ~ l~ '-- /~ ! f ~ ~ ~ r I I .. !Ii ;i t;1 IMOUSTlllAI. ."[HOUSE 14 I '/ I I Clall ~ J I ~IIBIIL tij= I I TltAMSFEI srAnON I LAVEn MOIl"" 1= .-:..-- - === .-- - ~ - ill] - I-- nmrma - - - I .- = I-- - / I I "'- DBD ACRES PLAT #2 --:::: FINAL PLAT r- .....----, t = - - //1 / -- I l- .. " J ! .. I I t ,. '-J .~"''',~, - .-~, .Cj ,:' ,'I {. ,; .- '-' ". I - ',' L' L. _ "_' , ':.,:, \ -" C. ~ '" , ,~..:! /., ~:. ,. ) '-"" . /-' /, - ! -, ," ,'J " .. I " -- I . ",', /-. c_ I " . '.' 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MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~13 - MEETING OF JUL Y 2 1 . 1992 FINAL PLAT APPROVAL/GRIFFIN GATE DATE: July 10, 1992 This item is before you to approve the final plat for the Griffin Gate subdivision located at the southeast corner of South Swinton Avenue and S.E. 4th Street. The final plat creates 10 fee simple lots. A common maintenance easement is provided over that portion of the development between individual structures and abutting streets. Maintenance responsibility rests with the Homeowners Association. The Planning and Zoning Board at their June 15th meeting certified the final plat as being consistent with the preliminary plat, subject to conditions. Those conditions have been met with the exception of the requirement for a financial guarantee for public improvements. A detailed staff report is attached as backup material for this item. Recommend approval of the final plat for Griffin Gate, subject to the condition that a financial guarantee for all public improvements be submitted prior to release of the plat for recordation. ,. ., . (){ ~ \ C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER Q~~ THRU: DAVID KOVACS, DIRECTOR DEPARTM 0 PLANNING AND ZONING FROM: II SUBJECT: MEETING OF JULY 21, 1992 FINAL PLAT APPROVAL GRIFFIN GATE **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the final plat for Griffin Gate, a ten (10) lot subdivision. The project is located at the southeast corner of South Swinton Avenue and Southeast 4th Street. BACKGROUND: In June, 1991, the Planning and Zoning Department received a preliminary plat petition to replat Lots 2 and 3 of Swinton Oaks into 6 individual lots for single family and duplex units. On July 29, 1991, on a vote of 4-0, the Planning and Zoning Board denied the replat request. This denial was based on a failure to make positive findings with respect to compatibility and land use. On August 9, 1991 the applicant, Fred Griffin, filed an appeal to the Planning and Zoning Board's action. The appeal went to the City Commission on August 13, 1991 at which time Mr. Griffin requested that the appeal be continued in order to allow him time to explore an affordable housing type of development and try to mitigate the compatibility issue. On October 8, 1991 the appeal went back to the City Commission at which time the appeal was denied. In November, 1991, Mr. Griffin submitted a conditional use petition to establish single family units in a zero lot line development. On November 18, 1991 the Planning and Zoning Board transmi t ted a recommendation of approval for the Griffin Gate conditional use to establish a zero lot line development. On November 26, 1991 the City Commission approved the conditional use request for Griffin Gate, subject to conditions. .. " City Commission Documentation Final Plat - Griffin Gate Page 2 In January, 1992, the site plan petition was received for the Griffin Gate project. On April 15, 1992 the Site Plan Review and Appearance Board approved the site plan, landscape plan, and elevations for Griffin Gate, subject to conditions. Subdivision (platting) is necessary to create the ten (10) fee simple lot ownerships which are desired. A common maintenance easement is provided over that portion of the development between individual structures and abutting streets. Responsibility for maintenance of that area rests with the Homeowners Association. The CRA also has a responsibility for the operation of the HOA and, hence, the appearance of the development for its first 5 years. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of June 15, 1992. At that time the preliminary plat was approved and the final plat was certified as being consistent with the preliminary plat, subject to conditions. Those conditions dealt with the homeowners documents (for maintenance responsibility), providing a financial guarantee for public improvements, and an agreement between the developer and the City for the installation of landscaping along Swinton Avenue (for more detailed information please refer to the attached Planning and Zoning Board staff report). The only outstanding item that remains is the financial guarantee for the public improvements, which will be a condition of recordation. RECOMMENDED ACTION: By motion, approve the final plat for Griffin Gate subject to the following condition: * That prior to the plat being released for recordation a financial guarantee for all public improvements is received. Attachment: * P&Z Staff Report, Location Map, Reduced Plat T:GGATECC.DOC .. FJLAN~ING & ZONING BOARD CITY OF DELRA Y BEACH --- 8T AFF REPORT --- - MEETING DATE: June 15. 1992 AGENDA ITEM: IV.B. ITEM: Combined Final & Preliminary Plat for Griffin Gate, (Zero Lot Line Development) to be located on Swinton Avenue & S.E. 4th Street L--.J L----I I 'I SOW. 41H ITBD LL I .. I u. I I , NI I .....-.- i ,......, I I GENERAL DATA: Owner. . . . . . . . . . . . . . . . . . . . . . . . . . .0. E. Stewart & E. D. Stewart Agent...........................Fred Griffin Location........................On the southeast corner of Swinton Avenue and S.E. 4th Street. Property Size...................l.27 Acres City Land Use Plan..............Medium Density 5-12 du/acre. City Zoning.....................RM (Multi-Family Residential) Adjacent Zoning.................Land to the west of the subject property is zoned CF (Community Facilities), land to the east of is GC (General Commercial), land to the north and south is zoned RM. Existing Land Use...............Unimproved vacant land. Proposed Land Use...............Ten dwelling units in a unified development. Water Service................ ...Existing on site. Sewer Service................. ..existing on site. Ir. 3. '. I T E M B E FOR E THE BOA R D I The item before the Board is the combined action of approval of a preliminary plat and certification of a final plat as being consistent with the approved preliminary plat for Griffin Gate. The subject property is located at the southeast corner of South Swinton Avenue and Southeast 4th Street. BACKGROUND I In september, 1981, the City Commission approved the final plat for the Swinton Oaks Subdivision. This subdivision provided 3 lots for 21 multiple family units. 8 multiple family units were constructed on lot 1 and no development has occurred on lots 2 or 3. In June, 1991, the Planning and Zoning Department received a preliminary plat petition to replat Lots 2 and 3 of Swinton Oaks into 6 individual lots for single family and duplex units. On July 29, 1991, on a vote of 4 - 0, the Planning and Zoning Board denied the replat request. This denial was based on a failure to make positive findings with respect to compatibility and land use. On August 9, 1991 the applicant, Fred Griffin, filed an appeal to the Planning and Zoning Board's action. The appeal went to the City Commission on August 13, 1991 at which time Mr. Griffin requested that the appeal be continued in order to explore an affordable housing type of development and try to mitigate the compatibility issue. On October 8, 1991 the appeal went back to the City Commission at which time the appeal was denied. In November, 1991, Mr. Griffin submitted a conditional use petition to establish single family units in a zero lot line development. On November 18, 1991 the Planning and Zoning Board transmitted a recommendation of approval for the Griffin Gate condi tional use to establish a zero lot line development. On November 26, 1991 the City Commission approved the conditional use request for Griffin Gate, subject to conditions. In January, 1992, the site plan petition was received for the Griffin Gate project. On April 15, 1992 the Site Plan Review and Appearance Board approved the site plan, landscape plan, and elevations for Griffin Gate, subject to conditions. One of those conditions is to process a replat of the property that subdivides the parcel. This replat is now before the Board. P L A TOE S C RIP T ION : Due to the property being subdivided into 10 lots and right-of-way dedication being made along Southeast 4th Street, the Griffin Gate plat, by definition, is classified as a major subdivision. ,. P & Z Board Staff Report Griffin Gate Preliminary/Final Plat Page 2 However, there are other major issues that are being dealt with along with the plat submission. These issues include the homeowners documents, the maintenance easement and common area responsibilities, and the division of interest before all development is completed. P L A T A N A L Y S I S REQUIRED FINDINGS - CHAPTER THREE: Pursuant to Code Section 3.1.1 (Required Finding) prior to the approval of development applications, certain findings must be made in a form which is apart of the official record. Findings shall be made by the body which has the authority to approve of deny the development application. These findings relate to the following four areas: Concurrency, Consistency with the Future Land Use Map, Compatibility with the Comprehensive Plan Policies and Compliance with Land Development Regulations. Positive findings were made at the time of conditional use (approved November 26, 1991) and site plan approval (approved April 15, 1992) . Those findings are still appropriate. TEe H N I C A L REV I E W : The revised plat was submitted on June 2, 1992 and all items of a technical nature have been addressed. However, final engineering plans and a financial guarantee for all public improvements have not been submitted. In addition, the homeowners documents, which are to deal with the issues of maintenance easement/common area responsibilities and dividing of interest before all construction is complete, is currently being reviewed by the City Attorney's Office. Being that Griffin Gate is to consist of ten lots that can be individually sold, staff has had a concern that this action would go against the concept of a unified development. To off-set this concern, the applicant has submitted a separate document that will prohibit the final transfer of ownership of any lot until such time as the foundation has been laid and surveyed. ASS E SSM E NT: Initially, the plat for Griffin Gate was planned as a single family/duplex subdivision. As that proposal died, the plat for Griffin Gate was developed more as a unified zero lot line development. With this type of project, staff's concerns centered on the Swinton Avenue corridor and the unified maintenance of the overall project. By providing the maintenance easement around the perimeter of the site and using the proposed homeowners documents as a control mechanism, Griffin Gate can can be viewed as a high quality subdivision. ,. . - P & Z Board Staff Report Griffin Gate Preliminary/Final Plat Page 3 A L T ERN A T I V E C 0 U R S E S o F ACT ION : A. Continue with direct~on. B. Approve the preliminary plat and certify the final plat as being consistent with the preliminary plat. c. Deny the request with basis stated. RECOMMENDED ACT ION : By separate motions, 1- Approve the preliminary plat for Griffin Gate, subject to the following conditions: * That prior to this item being scheduled for City Commission action final engineering plans, a financial guarantee, and a legal arrangement which necessitates a "release" or similar action by the City prior to the initial transfer of fee interest on any lot be submitted to the Planning and Zoning Department, * That an agreement between the developer and the City be submitted, which will guarantee the installation of the Swinton Avenue fence and landscaping between the fence and Swinton Avenue, prior to or concurrent with the issuance of the Certificate of Occupancy for the first unit, * That prior to the plat being recorded, all homeowners documents are to be in final recordable form and that they be recorded concurrently with the plat. 2. Certify the final plat of Griffin Gate as being consistent with the preliminary plat subject to the following condition: * That the preliminary plat conditions be complied with. * Location Map & Reduced Plat T:GGATEPZ.DOC '. .. . V,I r B C,) []r,1~s Oi~k tl,W, C~rn"r SectlQn 2l. ~ r:- t1TH STREET T, 1 6 .". H, 4:3 E, '-'. ~. ~ L (5S- -"':1') + "r/'(' 'l~r'hllr,eSenlCin21' '.lIC'. --, ---"- - - - - - - _L_ - -- - -1- - --1 I ... -- . --- 1.)9 75' , I :0 a . a = 0 I ~;!j Uf?9' 30' 05" E 139. ~6' ~(~, I~ I JJ.oo' i ' ',2 ~ .,~ , ~, , ,2.5c.OP_ -~:.r' :' 2i., "','. . ~TRACT n An "t ru -1--- I I I ',~: 11~in't.enance~ ::=-=. ".:'l I I I fll"..!"\"n~ ~ "'l I I ~ ~.r " I ~ I I ~ 1 '\ , ' I '" I '~L 0 r / A ~,.'-- i I I ., I I 'i: ~ I ! w Lot /S I! ~ i I ~ , r : ,r ~ I : ~ I ",.~-.------, I <0 . ~ " I 1- 2A I ~ ~ oq-';, ~ ;...OL I " I J 15 30 60 I- l; I \ I l r JIAPH I C SCALE: l' = 30' I c:i !i II I I r , " I c:'~ I I ~. e I .... ,.;'" I ~ I ~ L.... LOL LB I ~ I:". en .Il I I 0 I'~ ... 'I ' I 01 _ I c: , I I ;:; I ...J ~ jJ :..J I La I <;;; < r'''. ~ _ I ~ m I W ~ I ~ il. Lct 3A I:::.r- I ~ [T) 2 --- ~~ 3::. ': --1- w I ..c:... <( a: II I '" I W o I ' 0 I> ~ --- '" :z :: I ':: II I I' <(,~ o Cl! (\j' .C lC\J . I . I- CJ ~ r ,: co" 0 I ,..~' r- I" ~ - 6 ~ ... r- """7"' 0 ,,~, Ii LeL 38 >< Eo' ..;" I rr-.' .c- CJ r;"J CJ ~ . )... 0 U J\ ~, ,- 1'--..(,. ~ i:' ',' -c,-.., l) - ~ - 0' '--' ~'\. 3: ~I:'; :z:,;1 ltl. U) , \.J - en 1 I ;[ ! I ) i" I w , I'''' "' I ~ , I .1. i , 40 f' ~ I : I' ~ ,~, I!~ I- c ~ '\ ~ " I tn 1_ I ..~ w . ~ I I '':; < .. '~ I 1 I ~ I .. ,: m I ~ . I ' C'" 1'1 ~ L t 4 B ,:; I ~ I LOT I~ 0 c I I LeT . ~ I ;; I I LOT " 1: 1 J' V.' T I L0T I ~~ ,I (.<1T . , '\I~ !.nT: .., , r (' T I Lot SA I I ~ LOT I I ,.. I. ., ~-'-!.!.".'I II ~,H~'. ~ J ,'j Il I . I '\ I I ~. I I ,-~ ':~: Lor S8 It I I _ ~ . ~ I I . - 1 I ~ ~J I ':1 I' I en 0 1__n.QQ'___., ,.... . I.'. '... - - ....r. " .25..00:_["",:, .. ~ '\ ~Gqo30'05"11'139 "6' , . ~ g, i~.. ' ,. ...../' L......... t~ 1 . f t,t ,. II ~.,' N 'I I :z lot 1. 8loel-: 1 I . Sii l1HOt~ OAKS' ~.. (~e .7. P H. P. e. C, Ft , " . 1?ernOUE/J km ConS&ri -hffl!::O ffS ; -I--&-n 9/J1l. D.:rr, wnrrrs eJem:- ~t=LJ P / A-i IJPpt:oV EL) ~-O R f20 n / n'1 in /- '/{If.f&:J 5-0 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # '6~ - MEETING OF JUL Y 2 1 . 1992 FINAL PLAT APPROVAL/INITIATION OF REZONING - SIMMONS CAY DATE: July 13, 1992 This item is before you to approve the final boundary plat for Simmons Cay (Ocean Cay) which is located along North Ocean Boulevard, between Thomas Street and Vista Del Mar Drive. On June 12, 1984, the City Commission approved a site plan for Ocean Cay with the condition that the property, purchased from two separate owners, be platted into one parcel. The development proposal for this site included the development of a 13 unit multi-family residential project on the combined parcel. The multi-family project was never developed; however a single family home exists on the south parcel. In March of this year, the south parcel was sold. The north parcel, which went into foreclosure, is now held by First Union National Bank. This subdivision was illegal in that the Ocean Cay plat represented one parcel. The Bank has not been able to negotiate an agreement with the owner of the south property to jointly market or develop the entire property. Therefore, in order to provide for the sale and development of the north parcel, the Bank has submitted an application for a boundary plat. Along with the boundary plat application, staff is recommending that the zoning issue be addressed concurrently. When the two parcels were combined in 1984 each was zoned RM-15 (Multiple Family - 15 units per acre) district. With the adoption of the LDRs in 1990, the zoning was changed to RM (Medium Density Residential) district which allows up to 12 units per acre. Although both parcels meet the minimum size requirements for the RM district, because of physical limitations on the south parcel and the indicated single family residential development intended for the north parcel, it is appropriate to initiate rezoning action to R-1AAA (Single Family Residential) district at this time. A detailed staff report is attached as backup material for this item. Recommend approval of the final boundary plat for Simmons Cay and authorize staff to initiate a rezoning petition for the Simmons Cay and Ocean Cay properties. " " j /."- '~ 1 {I/,' , C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER ~ ;' /J& l,.Cl - '.-, .LUJJ ',' THRU: DAD ~.~t CS~~RECJR ~ FROM: ./ STEVEN E. TA R PLANNING TECHNICIAN II SUBJECT: MEETING OF FEBRUARY 11, 1992 FINAL BOUNDARY PLAT SIMMONS CAY ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the final boundary plat for Simmons Cay. The project is located along North Ocean Boulevard, between Thomas Street and Vista Del Mar Drive. BACKGROUND: On June 12, 1984, the City Commission approved a site plan for Ocean Cay, a 13-unit multi-family residential project. The project was to be developed by combining two adjacent parcels, which were purchased by the applicant from two separate ownership entities. The northern parcel was approximately 100 feet wide by 344 feet in depth, and the southern parcel was 60 feet wide by 425 feet deep. The site plan was approved conditioned upon a requirement to plat the property as one parcel. The final plat for Ocean Cay was approved on August 28, 1984, and subsequently recorded. The multi-family project was never developed, and the property remains vacant except for a single family home on the southern portion. In March of this year, the Planning and Zoning Department was informed that the south parcel had been sold off separately from the north parcel. The north parcel became the subject of a foreclosure action, and is currently owned by First Union National Bank. Both the bank and the owner of the south parcel have inquired as to the development potential of the individual parcels. Both were informed by the Planning and ' Zoning Department that the Ocean Cay plat represents one parcel, the ,- ,. city Commission Documentation Final Boundary Plat - Simmons Cay Page 2 dividing of which constitutes an illegal subdivision. Planning staff notified the two owners that they would have to submit an application to legally subdivide the Ocean Cay property. As indicated in the attached letter from First Union, the bank has not been able to negotiate an agreement with the owner of the south parcel to jointly market or develop the entire property. In order to allow for the sale and development of the north parcel as a single family home, the bank has submitted this application for a boundary plat. PLAT ANALYSIS When the two parcels were combined in 1984 as the Ocean Cay Plat, each was zoned RM-15. With the adoption of the LDRs in 1990, the zoning was changed to RM, which allows up to 12 units per acre. When the two parcels were zoned for multiple family development, the zoning was partly based upon the ability of the property to meet the minimum development standards of the Medium Residential zoning district. As the two parcels have now been separated, it is also appropriate to re-evaluate whether or not they will continue to be developable under the RM standards. The northern parcel, which is the subject of this plat application, contains 33,605 sq. ft. The southern parcel, which is technically not a part of this action, contains approximately 25,440 sq. ft. Although both parcels meet the minimum size requirement of the RM district, the southern parcel has frontage of only 60'. In addition, there currently exists a 12' utility easement that runs 305' along the south property line of the southern parcel. The existence of this easement, and the side setback requirements of the RM zoning district, make it virtually impossible to develop this property for any purpose other than single family. Given the physical limitations of the southern parcel, it would be appropriate at this time to initiate action to rezone the southern parcel to R-1AAA, Single Family Residential. While the northern parcel does not have those same limitations, given its reduced size it is also appropriate to reconsider its RM zoning designation. Since the purchaser of the property has indicated that his intention is to construct a single family home on the property, it would be appropriate to initiate a similar rezoning action at this time. SPECIAL NOTIFICATION Due to the potential impact of this plat action on the ultimate developability of the southern parcel, the owner of that property has been notified of this meeting by certified mail, and has been forwarded a copy of this report. I' .'.' " City Commission Documentation Final Boundary Plat - Simmons Cay Page 3 PLANNING AND ZONING BOARD CONSIDERATION: Planning and Zoning Board consideration is not required for the review of boundary plats. RECOMMENDED ACTION: First, by motion, approve the final boundary plat for Simmons Cay. Second, by motion, initiate the rezoning of both parcels to R-lAAA, Single Family Residential. Attachments: * Location Maps of Simmons Cay and Ocean Cay * Reduced Plat of Simmons Cay * Letter from First Union National Bank '. ,. - , I SEA SPIlAY AYE. I I ) I I i o WJ .w. W t.y u... ur-: r >- - j ~ - - 9 & ,,)..~ DlIIIIIIIIL -/ 3:,- """"'oii) ~ VISTA DEl MAlI DIlIVt r I' Z ~ I < ~ ~ ~ ~ - ~~ U (I) / - 0 ~ J I ~ ' U ~ J - ~ ~ ~ ntOMAS STUET Z ... ~ "<( _ -J > ~ ~ ~ I d ~ Z ..I I ~ f---J ....ct.. __ III 0 . ~ w ~ . ~ ~ a ~ 'C Z ~ LOWIrf mat J ~)LL J ~ ~ I h I I 1 I '''00 TIC ....,. I I I I I "' \1 ~ i OCEAN CAY , ~i I EXISTING I~ , J 1----1 1 J I I J " ,. f- I SQ W'RAy AYE. ) I I II o .:fIR .,v u.~1' ur- ~ gr .>- ~ -- - I Q: ITI1IIIITIJU 4J ~\.. f- '~ ~ '"""""i ,,- 'r VISTA DO. WAIl IlIIVE I I 2 I , ~ ....J ~ ~ VI ./ ~ U fI) / 0 ~J 0 , ~ u J - J-,;;, t- ~ THOUAI ITItm J 2 - I~ ~ ... ~ l- i ~ ~ -J Q f--J ~It_ i I ~ ~ ~ II) LOWlY maT ~ )ll ~ ~ ~ i 1 1 I ~ ATLANTIC AVENUE , \ I I I III ~ 1\1 -- i I SIMMON'S CAY I --rt r PROPOSED I J J f----j J I I I ....~ I .. --- - -- -- - ---.- 'I r I ;; I i~\ c:J ~ I Lor 7 LF SECT 16 - l!: ;... '"0 \ EAST HA "'5 ::r: FRACnONAL8 1 Pg 25) ~-I z n Ip , . S ' ' I ~ I~ -i I ;: I r-.J. 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IT! .(j) l'!fl I } ::::0 <J I <.1)- r Z :> I -< ~ 0 0 . -" 0 () I'T1 :> z ~() I <J:> I 'U · o'z ~l ~ ;0 U>O'" :::: ;::: 0-", "" "" ~~8 ~ ~. ... f.Q r:;u 0 "'/. - :<Jz o (}'I>r'1 '" Os. 1'.) ~ -<:::0 ~ I / : ~~ <; ~ , ./ ~ &~ / -":i:! ---- :::-.... - ~~ -- -.'- --"'-- . ~ ...n8'J2'OO"( 10116' ',,---- '052. 0,' ~ "1 Y, OCEAN BOULEVARD -{J (SR AlA) ... (p 8 20, t'] 4) --. -_._-~ ----- .. ,. First Union NaHol 'Bank of Florida 100 N,E, 3rd Avenue. Suite 200 Ft. Lauderdale, Florida 33301 ~~. ~' " . \, ",,<' . ") /' ' '" ,/( ,,'\ f~N <2' ' . ~- . \.....1' '" "- ~ \' c: .", - . June 22, 1992 VIA FEDERAL EXPRESS Ms. Diane Dominguez City of Delray Beach Planning and Zoning Department 100 NW 1st Avenue Delray Beach, FL 33444 RE: Replat of Ocean Cay of Delray Dear Ms. Dominguez: First Union National Bank of Florida owns the property that comprises approximately the north 100' of the Plat of Ocean Cay of Delray (the "Plat"). The Bank acquired the property through the foreclosure of a mortgage that pre-dated the Plat. The Ci ty of Delray Beach has informed us that our property is not developable as an independent parcel because of the Plat and current zoning. First Union National Bank has been actively marketing this property since it took title in November 1991. In fact, we had a contract for the sale of this property to an individual who represented himself as being majority shareholder and agent of the corporation that owns the rest of the land sUbject to the Plat. That buyer defaulted in its contract with First Union, resulting in a forfeiture of his deposit. Subsequent good faith attempts by the Bank to negotiate a joint marketing or development agreement with the owner of the adjoining parcel to the south have been unsuccessful. Having exhausted all available options for the sale and development of the Bank's portion of the Plat, it is apparent that unity of title between the two parcels comprising the Plat is not likely and that replatting and rezoning are the only viable options at this point. '. . . F~N Ms. Diane Dominguez June 22, 1992 Page 2 First Union has contracted to sell the property to RLS Ventures and believes that this buyer is our best hope for the purchase and development of this property. ~ truly . ancy I. 'Brien Senior V ce President First Union National Bank of Florida NOB/bch cc: Richard Nolton, RLS Ventures Thomas E. streit, Esquire ., ,- .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS 1\ LI'1 '! FROM: CITY MANAGER i /J : SUBJECT: AGENDA ITEM i ~J) - MEETING OF JUL Y 2 1 . 1992 AMENDMENT TO MANAGEMENT AGREEMENT/OLD SCHOOL SOUARE DATE: July 10, 1992 At the June 16, 1992 regular meeting the Commission approved a proposed amendment which clarified the authority of the Old School Square Board of Directors with regard to naming and signing buildings at the Old School Square site. This item is before you to approve the formal amending document. Recommend approval of Addendum No. 1 to the Management Agreement with Old School Square, Inc. ,. A I \ / , ~ WI 5 &"'- cr--L-- ,11 4 Y\~L..,A"~ \; [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-,n55 Writer's Direct Line (407) 243-7091 . MEMORANDUM DATE: June 23, 1992 TO: City Commission FROM: Susan A. Ruby, Assistant City Attorney ! SUBJECT: Amendment to Management Agreement for Old School , Square 1 I i j City Commission approved in concept, the authority of Old I School Square, Inc. to provide "naming opportunities" for the , purpose of fund raising from private and corporate donors. I Pursuant to previous City Commission discussion, Old School I Square, Inc. has the authority to place names on the exterior and int~or of the Old School Square Buildings. I -. ) -"';..~.J._ .'7'~ .' -~-~ .. The attached Amendment to the Management Agreement formalizes the tentative agreement reached at City Commission's June 16, 1992 meeting. By copy of this memorandum to David Harden, our office is requesting that this Agreement be placed on an upcoming City ~~consent aqenda for formal ratification and approval. SA . Attachment cc David Hardelt/'C1ty Manager Robert A. Barcinski, Assistant City Manager Joe Gillie, Director, Old School Square Frances Bourque, Old School Square ossq.sar -"!o> ~~ ,'- ADDENDUM NO. 1 TO THE MANAGEMENT AGREEMENT FOR OLD SCHOOL SQUARE BETWEEN THE CITY OF DELRAY BEACH, FLORIDA AND OLD SCHOOL SQUARE, INC. . This Amendment of the original Agreement of August 7, 1990 between Old School Square, Inc. (Old School) and the City of Delray Beach, Florida (the City) is entered into as of this day of , 1992. WIT N E SSE T H WHEREAS, the original Agreement between the parties of August 7, 1990 provides that Old School Square, Inc. shall serve as project administrator for the purposes of facility management and programming; and, WHEREAS, the City and Old School wish to clarify the authority of Old School in Paragraphs 8(c) and Paragraphs 8(c) ~ !'\;"t'" .~ and Paragraph 10(2}--.of-.-the~ August 7, 1,990-Manaqement 'Agreement, , ~. ' as it relates to fund raising and "naming opportunities". NOW, THEREFORE, THE PARTIES HERETO, IN CONSIDERATION OF THE MUTUAL COVENANTS, STIPULATIONS AND AGREEMENTS HEREIN CONTAINED, DO MUTUALLY AGREE AS FOLLOWS: 1. The recitations set forth above are true and correct and are incorporated herein by reference. 2. Paragraphs s(D) and 10(2) of the August 7, 1990 Agreement are hereby modified to provide and clarify that Old School has been delegated the authority to raise funds from , -..,. -.,- corporate and private donors with the understanding that -a "naming opportunity" may be a part of the donation. Old School has been delegated the authority to determine the placement of .".,- , names on the exterior and interior of the building by the City Commission of the City of Delray Beach. All signs must also be - approved through City processes. 3. As of the date of this Amendment, the entire integrated Agreement consists of the resolution adopted by the City Commission on September 13, 1988, the Management Agreement dated August 7, 1990 and this Addendum. 4. All other terms and conditions, of the Management Agreement and Resolution referred to above remain unchanged and are not superseded unless such terms and conditions are expressly altered by this Addendum. IN WITNESS WHEREOF, the City and Old School have executed this -Amendment as of the day and year first above written-:-- ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk City Manager Approved as to form and legal sufficiency: City Attorney OLD SCHOOL SQUARE, INC. By: Witness name typed or handwritten name typed or handwritten .. '"!> ~. Witness (SEAL) ,- name typed or handwritten .. ,. STATE OF COUNTY OF ~ The foregoing instrument was acknowledged before me this day of , by (name _ of .0 f f i~eJ;__.cg~ agent, --., title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced identification (type of identification) as identification and did (did not) take an oath. ~- -- -- Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Title or Rank Serial Number, if any -- ~' .---- ,. - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJ11 SUBJECT: AGENDA ITEM i ?JS - MEETING OF JUL Y 2 1 . 1992 AWARD OF BID/EMERGENCY REPAIR DATE: July 13, 1992 This item is before you to ratify the emergency award of bid for the rehabilitation of a sanitary sewer line and manhole on S.E. 2nd Street. The clay sewer pipe had several severe cracks and three major sink holes had developed along the gravity line. Staff received two bids for this project. The low bid was submitted by Johnson Davis Inc. in the amount of $43,000 to replace approximately 372 linear feet of clay sewer pipe with eight inch PVC sanitary sewer line and to replace two manhole structures. Recommend approval of the emergency award of bid to Johnson Davis, Inc. in the amount of $43,000 for the rehabilitation of a sanitary sewer line and manhole of S.E. 2nd Street with funding from Water and Sewer Renewal and Replacement - Manhole Rehabilitation (Account No. 442-5178-536-61.84). " '..1 . M E M 0 RAN DUM TO: Robert A. Barcinski Assistant City Manager/Admin. svs. FROM: George Abou-Jaoude Deputy Director/P.U. SUBJ: EMERGENCY REPAIR - S.E. 2 STREET SANITARY SEWER REHAB. DATE: June 26, 1992 Attached please find two cost estimates from JOhnson-Davis, Inc. & W. Jackson & Sons for the rehabilitation of 372 linear feet of 8 inch PVC sanitary sewer. They were approved by City Commission on February 23, 1992 as emergency contractors. Our staff has reviewed estimates and recommend the award of bid to the lowest responsive, responsible bidder, Johnson - Davis, Inc. The amount of the bid is $43,000.00. \, I have also attached pictures and a t.v. report reflecting the severity of damages. The road has several sink holes. Funds will be taken from account #442-5178-536-61.84. 1 If approved, please sign the attached form and return to our office for processing. Your prompt attention to this matter will be greatly appreciated. GA:pw / cc: Michael S. Offie, supt. of Water/Sewer Network FILE; Memos To Assistant City Manager/AS EMERGENCY REPAIR - I' ".'1 . , . . ~ ~ . CITY of DELRAY BEACH PUBLIC UTILITIES DIVISION NOTICE TO PROCEED With EMERGENCY REPAIRS DATE: June 26, 1992 TO: Johnson - Davis, Inc. # ADDRESS: 604 Hillbrath Drive CITY/STATE: Lantana, FL 33462 . Description of Repairs: Repair 372 linear feet of 8" PVC sanitary sewer and one manhole 15 feet deep at S.E. 2nd St. Bid Amount: $43,000.00 Completion Date: IMMEDIATELY In accordance with Bid #92-17, you are hereby notified to proceed with the above described repairs, per instructions from the Public Utilities Division. A confirming purchase order will be forthcoming. - ~~/l~tP(,/1.)- CITY MANAGER City of Delray Beach " " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER f11 SUBJECT: AGENDA ITEM # <Dr:; - MEETING OF JULY 21. 1992 GRANTING OF UTILITY EASEMENTS/WATER TREATMENT PLANT AND MILLER PARK WATER STORAGE TANK DATE: July 13, 1992 This item is before you to grant utility easements to Florida Power and Light for the relocation of electrical service to the Water Treatment Plant in conjunction with the Lime Softening Conversion project and to provide electrical service to the Miller Park Water Storage Tank and Booster Station. The electrical service has already been installed. . This action merely confirms and grants an easement for the corridors where the utilities are located. Recommend granting of a utility easement to Florida Power and Light in conjunction with the Lime Softening Conversion project and to provide electrical service to the Miller Park Water Storage Tank and Booster Station. ,. I d -..- " . Work Order No. 1035-7-411 EASEMENT This Instrument Prepared By I Sec.~, Twp~S, Rge~E I A. G. Russi110 I Parcel 1.0. # FLORIDA POWER & LIGHT COMPANY I P.O. Box 2409 I (Maintained by Counly Appruisen P.O. Address I DELRAY BEACH. fL 33447 I I Reserved lot' C~CUfC COU61 The undersigned. in l:onsideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is herehy acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns, an casement forever for the construction, operatiun and maintenance of uverhead and underground electric utility facilities (including wires, poles. guys. cahlcs, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, imflruve, add 10, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement lL feet in width described as follows: That part of Lot 6. lying West of the Florida East Coast Railroad right-of-way Subdivision of Section 29, Township 46 South, Range 43 East, Palm Beach County, Florida, as recorded in Plat Book 1, Page 4 of the Public Records of Palm Beach County, Florida, described as follows: Commence at the Point of Intersection of the West right-of-way line of the Florida East Coast Railroad right of way and the South line of said Lot 6; thence N 900 00' 00" W, along the South line of said Lot 6, 54.73 feet to the POINT OF BEGINNING; thence N 490 011 09" E, 44.00 feet; thence N 400 581 51n W, 12.00 feet; thence S 490 01 I 09" W, 57.81 feet to the South lire of said Lot 6; thence N 900 00' 00" E, along said South line, 18.30 feet to the said POINT OF BEGINNING. Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said property. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on ,19_. Signed, sealed and delivered By: in the presence of: (PreSident's signature) Print Name: Thomas E. Lynch, Mayor (Wllness' Signature) Print Address: 100 NW 1 Avenue Print Name Delray Beach, FL 33444 (Wllness) Attest: (Secretary s signature) (Wllness' Signature) Print Name: Alison MacGreQor Harty. City Clerk Print Name Print Address: 100 NW 1 Avenue (Wllness) nplri'l.)f Rpi'lr.h. 1=1 11444 (Corporate Seal) STATE OF AN D COUNTY OF The foregoing instrument was acknowledged before me this day of ,19_,by , and respectively the President and Secretary of , a corporation, on behalf of said corporation, who are personally known to me or have produced as identification, and who did (did not) take an oath. 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" 'I, ~. '~,I ,"" .... I .... " " " . .. . Box 2409, Delray Beach, Fl 33441-2409 FHVIROUMfNTM ~fRV\t:ES F=PL 92 JUL -5 PM ltt \ , RECEiVED July 2, 1992 Mr. Howard Wight City of Del ray Beach 100 NW 1 Avenue Del ray Beach, FL 33444 Re: Easement For Miller Field Tank & Water Treatment Plant Dear Howard: Enclosed are the easements required to provide electrical service to The Miller Field Tank and The Water Treatment Plant. Please have the Mayor and City Clerk sign the original of each and return them to me for recording. The signatures and names of two witnesses are to be written in the spaces allowed. All signatures are to be notarized. Finally, please write in the City's Tax 1.0. Number in the upper left hand corner on the line for "Parcel 10#." If you have any questions, please call me at 265-3104. Sincerely, &~ A. G. Russi110, Jr. FPL Account Manager AGR/dc all FPL Group company '. ~ Work Order No. 8148-4-427 EASEMENT This Instrument Prepared By Sec.~. Twp~S. Rge~E A. G. Ru s sill 0 Parcel I.D. # FLORIDA POWER & LIGHT COMPANY , \laimaincd hy ('Ollmy Appraisen P,O. Address P.O. Box 2409 DELRAY BEACH, FL 33447 I _~~Hrv~.~~~ The undersigned. ill wllsideration of the payment of $1.00 and other good and valuable consideration. the adequacy and receipt of which is hereby acknowledged. grant and give to Florida Power & Light Company. its licensees. agents. successors. and assigns. an easement forever for the construction. operation and maintenance of overhead and underground electric utility facilities (including wires. poles. guys. cables. conduits and appurtenant equipment) to be installed from time to time: with the right to reconstruct. imfrove. add to. enlarge. change the voltage. as well as. the size of and remove such facilities or any of them within an easement ~ feet in width described as follows: A 12 foot Florida Power & Light Easement lying in a portion of Section 20, Township 46 South, Range 43 East, said Easement also lying in Nichols Second Addition, To Delray Beach. According to the plat thereof as recorded in Plat Book 21, Page 70, of the Public Records of Palm Beach County, Florida, said easement being 12 feet in width, lying 6.00 feet, as measured at right angles on each side of the following described centerline. Commencing at the Southwest corner of Lot 9, of said Nichols Second Addition Plat; thence NOo 271 58" E on a assumed bearing, along the East right-of-way line of Southwest 4th Avenue, a distance of 5.95 feet to the POINT OF BEGINNING; thence N 630 061 06" E, a distance of 246.80 feet to a Point thence N 900 00' 00" E, a distance of 288.00 feet to a Point; thence N 750 061 09" E, a distance of 93.36 feet to the POINT OF TERMINUS. The sides of the above described easement shall be lengthened or shortened as necessary, in order to maintain a continuous strip of land 12 feet in width, to intersect at the North right of way of Southwest 7th Street, at the East right of way of Southwest 4th Avenue and to intersect at angle points. Said, lands situate, lying and being in Palm Beach County, Flori da Together with the right to pennit any other person. finn or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for communications purposes: the right of ingress and egress to said premises at all times: the right to clear the land and keep it cleared of all trees. undergrowth and other obstructions within the easement area: to trim and cut and keep trimmed and cut all dead. weak. leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution: and further grants. to the fullest extent the undersigned has the power to grant. if at all. the rights hereinabove granted on the land heretofore described. over. along. under and across the roads, streets or highways adjoining or through said property. IN WITNESS WHEREOF. (he undersigned has signed and sealed this instrument on . 19_ Signed. sealed and delivered in -the presence of: By: (I'reslllenl ~ slgnalure. Print Name: Thomas L. Lynch, Mayor (Wltne~~' SlgnalUrel Print Address: 100 NW 1 Avenue Print Name Delrav Beach. FL 33444 (WllneS~1 Attest: I Secretary ~ slgnalUre) (Wllness Signature) Print Name: Alison MacGregor Hartv. City Clerk Print Name Print Address: 100 NW 1 Avenue I Witness) Delray Beach. FL 33444 (Corporate Seal) STATE OF AND COUNTY OF The foregoing instrument was acknowledged before me this day of . 19_. by . and respectively the President and Secretary ( .a corporation. on behalf of said corporation. who are personally known to me or have produced _ as identification. and who did (did not) take an oath. My Commission Expires: IType uf Idenlificatlon) NOlary Public. Signature Print Name ---..._._--.-~ " 'BRUCE CARTER a ASSOCIATES, INC. " TiJ)lIfl:1I 'LAND SURVEYORS LAND PLANNERS JL2) (I 405 S,E. 61h AVE. (SOUTH FEDERAl. HIGHWAY) PHONI::', (305) 265-1910 1111111 ( DELRAY BEACH, FLORIDA 33444 '1'1111 C 1 ,/,y 01' 1l1l1.HA \' ll/!ACII SK~:TCI; A I.IlGAI. I'. 1'. II I.. 1':ASI!~IIiN'I' f::: TillS IS HOT 1\ SUIlVllV fOR I TilE CITY 01' DEI.IlA Y nRACII ~ ---- ~ ~ ~r 'i ~ " ~ ..j ~ ~p.O'T. ~ III ~ ~ \.. lIJ ~ l/) ~ ~ ~ ~ ~ ~ ~-; / ~ ~ tfJ ~ 4: III ..-(' ~ ~ I '" ~ ~ ~---- l~1~.q~. ~ ~ ~ ~ // ~_ A/Pt::)"qt>'oc;J",G _ 288.00'_~ /' ~~~ ~~..~-- -~r . ';r ~RORNDI ~ I~ II) / " ~ / '.., ' I'.O.C. - POINT, OF COltltl!NCINO ~\. ;r,,6!',,' ~ '" P.O.D.'-POINTOFDIOINNINO '- ",< /~o. 0V./ P.O.T. - POINT OP TERltINUS '- ~ ;r. ~ r,. / !'.P.IL.- FLORIDA POUIK 10 ~Ia"T -.! '/1 /1r ./ R/W - RIOIIT OP WAY I,; ~".J '//;r COR. - CORNER ." J;:: /" .pn. .' · PLAT DOOK )" ~O. . PAGR :_L AI. ,.(/W S,W. 7~, .$rRe.Er~ P. /I LEOAl. DESCRIPTIOlh 1:1 FOOT F.P.IoI.. KASRltENT .L1.l". S,W. co/!.. LOr " AI' ... UA/.. 5 zat AOD A 12 FOOT ~'I.ORIDA POWU ~ I.IGUT KARK~IP.NT I.YINO IN A PORTION \ - ,. I 1_ n... . OP SEC'rlOH 20, TOI~NSI,IP "6 SOIl1'II. RANOI 43 EAST, SAID P.el, Z./, P(;. 70 RASE~IIlNT ALSO L\'JNO IN NICIIOLS SIICOND ADDITION, TO DURAY nEACII, ACCORDINO TO Till I'LAT TIIF.RIiOF AS RECORDID IN PLAT nOOK 21, rAGE 70, OF TIIR rum.lc IlRCORDS Of PALIt DUCII ~ 'IJ) COUNTY, FI.ORIDA. SAID IlASRHENT DUNO 12 FUT IN WIOTII. LYINO ."11 6.00 FEIlT, AS ~IEASURKD AT IUGIIT ANOLES ON IACII SIDI Of TII8 ~ ~ FOL~OWINO DRRCRIDBO CRNT.KLINK, !'l ~ COmlENCINO AT TilE SOUTIIWEST CORNRK OF I.OT 9. OF SAID NICIIOLS SRCOND ADDITlON Pl.A'f1 TIIENCR NO.27'!i8"H ON A ASSUHED ~ DEARINO. AI.ONO TilE EAST RIGIIT-Of-WAY LINB OF SOUTIIUEST Hh " "A VENUE, A DISTANCE 01' !i. 9S FEET TO TilE POINT OF BEGINNINO 1 " TIIENCE N63.06'OC,"E. A DISTANCE OF 2"6.80 FEET TO A POINT 1 TIIENCE N90.00'OO"E. 1\ DISTANCE Of 288.00 FEIlT TO A POINT, TIIENCE N7S.06'OI)"I-:. A DISTANCR O~' 1)3.:J6 FIlllT TO 'fIlR "OINT OF 'rIlRtIINUS. TilE SIDES OF TilE ADOVE OESCRIDIlD IlASEHENT SIIALL DE LIlNGTIIENEIl OR SIIORTENED. AS NECESSARY, IN ORDER TO HAINTAIN ,\ CONTINUES STRIP OF LAND 12 FE~:T IN IHDTII, TO INTERSECT AT TIIR NOIICTH 1l10IlT-OF-WA\' OF SOUTIIWRS'r 7th STR~;IlT, AT TilE EAST IlIOIIT-OF-IMV OF SOUTIIWES'r Hh AVENUIl AND TO INTERSIlCT AT ANOLE "OINTS. SAID I.ANDS Sl'rUATK. I.VINO AND DUNO IN "ALH DKACII COUNTY, FLORIDA. .' " DEARING IIASH /lAST H\I~ S.W. 4th AVENUK NO.27'58"8 fASSUHHPI OIlTI-:O. HAY 11. 11)1)2 .. TK'lS sketch lS11;U: or! of BRUCE CARTER a ASSOCIATES INC. and 111011 nol be ro roduoed Inw 10 or orl wlthoul I UPDATES "},'c/" REVISIONS DATE BY CK'D NOTE The under"gned and BRUCE CARTER a ASSOCIATES, IHC. maM no .-- roprellntallane or Quoronle.. 01 to the Informollon refllolld:h.,eon pertaining I ---, ,-.. - ---- ---- oo.emenll,rIQh!.-or-woy,lIt bock Ilnel,rnervollanl,CllJrllmentl and other e!mllat mattl ______ _ ... ___ _ _ _ ond furlher ,thll Inalrument II not Intended to roflect or 101 rorlh all .uch mall',.. Suet Informallon Ihould bo obtained and conflnnod by olh~ through Clpproplat, f1f11 ..arot ,_.. NOTE Landa ahown hereon wore not obltracled for rI9ht-of-woy and lor - - oOlOmenl1 ct record. .. JOB NO, DRAWN BY: G. 1-1. CHECI<I::D BY: 8.C.. F.B. PO. FILE NO.FP '(..C'oDa '. -- . -~'---'---'-'------ ,-, " - . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # <g(} - MEETING OF JULY 21. 1992 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREAT- MENT AND DISPOSAL BOARD ACTION DATE: July 10, 1992 At their February 26, 1992 meeting, the South Central Regional Wastewater Treatment and Disposal (SCRWTD) Board authorized the usage of funds in the amount of $3,924,000 from the Sinking Fund for Repair and Replacement Projects, broken down as follows: -New dechlorination facility - $ 240,000 -Plant A clarifiers replacement - 660,000 -Aeration Tank A walkway repairs - 80,000 -Electrical replacement Plant A & B - 224,000 -Laboratory replacement - 70,000 -Paint Chemical and Screening Buildings - 40,000 -Three (3) new BFP's PFRP* equipment - 2.160.000 3,474,000 Plus engineering services 450.000 Total project cost $3,924,000 *Belt Filter Press - Process to Further Reduce Pathogens. The three BFP's PRFP equipment will be used in conjunction with the centrifuge system. The BFpls PRFP condenses the sludge and aids in the drying process which reduces the amount of liquid sludge being hauled from the site. Recommend ratification of the South Central Regional Wastewater Treatment and Disposal (SCRWTD) Board action authorizing the usage of funds in the amount of $3,924,000 from the Sinking Fund for Repair and Replacement Projects as outlined above. ,- ,- ~ ' . . RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF FEBRUARY 26, 1992 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board on February 26, 1992, by a vote of 8-0 authorized usage of funds from the Sinking Fund in the amount of $3,924,000.00 for Repair and Replacement Projects. Projects as follows: New Dechlorination Facility $240,000.00, Plant A Clarifiers Replacement $660,000.00, Aeration Tank Walkway Repairs $80,000.00, Electrical Replacement Plant A & B $224,000.00, Laboratory Replacement $70,000.00, Plant Chemical & Screening Buildings $40,000, 3 New BFP's PRFP Equipment replacing Centrifuge $2,160,000.00 and Engineering Services in the amount of $450,000.00. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach, NOW, THEREFORE, the City of Boynton Beach and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , 1992, by a vote. Witnesses: CITY OF BOYNTON 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 , 1992, by a vote. Witnesses: CITY OF DELRAY BEACH By: Mayor Attest: City Clerk (SEAL) Approved as to form: City Manager Cl.'CY A'C'Corney '. '. - 2. AUTHORI ZA '1' I ON TO EN'l'Im I N'ro CONTRACT WITH CDM TO PROVIDE ENGINEERING SERVICES USING THEIR GENERAL ENGINEERING AGREEMENT FOR THE I~OLLOWING REPAIR AND REPLACEMENT PROJECTS UTILIZING THE SINKING FUND PROJEC'l'S TOTAL ESTIMATED COST New Dechlorination Facility 240,000 Plant A Clarifiers Replacement 660.000 Aeration Tank ^ Walkway Repairs 80,000 Electrical Replacement Plant ^ & B 224,000 Laboratory Replacement 70,000 Paint Chemical & Screening Buildings 40,000 3 New BFP's PRFP Equipment replacing centrifuge & Liquid Disposal Process 2,160,000 Total Construction Estimate 3,474,000 Design Services 274,000 Construction Services 176,000 Total Engineering Services 450,000 Total project Cost 3,924,000 . " " . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tn-1 SUBJECT: AGENDA ITEM i ?fH - MEETING OF JUL Y 21. 1992 REOUEST FOR FINAL PAYMENT/SOUTH CENTRAL REGIONAL WASTE- WATER TREATMENT AND DISPOSAL BOARD DATE: July 13, 1992 We have received a request from the South Central Regional Wastewater Treatment and Disposal Board for final payment in the amount of $3,404.65 for completion of Task No. 8.3 - Odor Abatement System - Training and Start-up Services. These services were provided by Camp, Dresser and McKee, Inc. Funding is available in the 1991 Water and Sewer Revenue Bond - SCRWTDB Odor Control - Engineering Services (Account No. 447-5165-536-33.11). Recommend approval of final payment in the amount of $3,404.65 to the South Central Regional Wastewater Treatment and Disposal Board with funding from 1991 Water and Sewer Revenue Bond - SCRWTDB Odor Control - Engineering Services (Account No. 447-5165-536-33.11). .. ,. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL B~t-~Jft SFnVICf5 1801 North Congress Avenue . Delray lleach~ ~~~fa-a ~3r45 92 JUl - 2 PM 4: 15 BOARD Telephone City Council Members of n ,- ('" ," , .. I t: 0 272-7061 734.2577 Boynton Beach & Delray Beach 1\ C. v::.1 " '- Fax: (407) 265-2357 INV. 91/92 491 DATE: July 1, 1992 CITY OF DELRAY BEACH ATTENTION: DIRECTOR OF ENVIRONMENTAL SERVICES 434 so. SWINTON AVENUE DELRAY BEACH, FLORIDA 33444 REQUISTION FOR PAyr-tENT PROJECT: OOOR ABATEMENT SYSTEM - TRAINING AND START-UP SERVICES INVOICES NO. 14 & 15 AMOUNT OF INVOICE $ 6,849.30 50% DUE FROM EACH CITY AMO UN '1' DUE THIS REQUISTION $ 3,404.65 Please attach copy of this invoice with your check for payment. (, \/1.--(1 .4 Yl1A~~--. -. r-ms~ _.~.3 p. - .~I " I.' I ~ )..--;"t: . '. ' ,-" '.,', '~. ',' i II' , '. ' l' . .. ,'..... t. I ~~~~~l S~:~~~~strative Assistant Ii ""')ll~l"'.' . .'~.ui;!z , ". \.' . .~,' ~I: "~.k.' .h..d ,'H/,/. -._: '~','I: l/!t:JtrZ--. ---.- .....~ ,',". .,. ...... .. --., '. .~- '..~..- P---.... ~.__.. .~, _... '. _......_-.-"~ ~~ ~V7-~~(;?j-.5"'~'..-3-5 /1 . ee.~~) 1Y 5ZXJ/!?O --w ~.~".Q. " . . . May 08, 1992 COM No. 6171-008-0M/119B Task Order 8.3 Billing Pay Request 14 Invoice No. 44-006083 RE: ODOR ABATEMENT - OPERATIONAL TRAINING AND START-UP SERVICES Page 2 Other: Direct Costs Cost Type Amount ROOM 414.47 I MISC EXPENSE 15.98 TELEPHONE 10.00 r:OMPUTER 5.70 Other Direct Costs at Cost $ 446.15 \. Other Direct Costs $ 446.15 .. . CDM CAMP DRESSER & McKEE INC. envIronmental engineers, scientists. 1500 N. W. 49th Slreet, Sulle 300 planners, & management consultants Post Office Bolt 9626 Fort Lauderdale, Florida 33310 305 ne.1731 South Central Regional Wastewater June 12r 1992 Treatment and Disposal Board 1801 North Congress Boulevard COM No. 6171-008-0Mj119B Delray Beach, Florida 33445 Task Order 8.3 Billing pay Request 15 Invoice No. 44-006168 RE: ODOR ABATEMENT - OPERATIONAL TRAINING AND START-UP SERVICES Page 1 In accordance with your contract, we are rendering the following invoice for engineering services as described below: COST TIMES A FACTOR - UPPER LIMIT (UCF) $ 74,000 . Services from April 26, 1992 through May 23, 1992 Direct payroll Cost -' Hours Labor Description Employee Reg OT Rate Labor Cost v FINANCIAL CLERK DEPUTY J 0.5 8.5000 4.25 FINANCIAL CLERK DEWITT D 1.0 8.0000 8.00 'v Totals: 1.5 $ 12.25 \, Salary Cost Times A Multiplier x 3.00 Total Salary Cost $ 36.75 "v " . CAMP DRESSER & McKEE INC. June 12, 1992 CDM No. 6171-008-0M/l19B Task Order 8.3 Billing Pay Request 15 Invoice No. 44-006168 RE: ODOR ABATEMENT - OPERATIONAL TRAINING AND START-UP SERVICES Page 3 Total Due This Invoice: $ 4,064.85\'- THIS INVOICE HAS BEEN ADJUSTED TO THE UPPER LIMIT ~72 Amount Due This Invoice: $ ,.....81 -- Upper Limit: $ 74,000.00 Billed to Date: $ 74,000.00 Dollars Remaining: $ 0.00 Remit to: Camp Dresser & McKee Inc. P.O. Box 30000 Orlando, Florida 32891-8217 II- . (l,int..,' <It! ""',,!"/,,d pilnt" '. . CDM CAMP DRESSER & McKEE INC. environmental engineers. scientists, 1500 NW, 49th Street, Sulle 300 planners. & managemenr consultants Post Olllee Box 9626 Fort Lauderdale. Florida 33310 305776.1731 South Central Regional Wastewater May 08, 1992 Treatment and Disposal Board 1801 North Congress Boulevard COM No. 6171-008-0M/119B Delray Beach, Florida 33445 Task Order 8.3 Billing Pay Request 14 Invoice No. 44-006083 RE: ODOR ABATEMENT - OPERATIONAL TRAINING AND START-UP SERVICES Page 1 In accordance with your contract, we are rendering the following invoice for engineering services as described below: COST TIMES A FACTOR - UPPER LIMIT (UCF) $ 741000 Services from March 29, 1992 through April 25, 1992 Direct Payroll Cost Hours Labor Description Employee Reg OT Rate Labor Cost SENIOR ENGINEER SNYDER B 15.0 28.2800 424.20 'v SENIOR ENGINEER SNYDER B 5.0 26.1800 130.90 \J NON TECHNICAL DIAMOND R 3.0 17.1500 51.45 " DESIGNER SPRIGGS JR W 6.0 26.7116 160.27 'J DRAFTER KIMBALL S 10.0 13.4000 134.00 .J FINANCIAL MANAGER MIRANDA L 0.5 15.4500 7.73 v PROJECT ADMINISTRATOR PASQUALI B 1.0 14.6061 14.61 \. FINANCIAL CLERK DEWITT 0 2.0 8.0000 16.00 \, SECRETARY NELSON I 1.5 14.9000 22.35 " SECRETARY KOENIG S 15.5 .5 11.4500 186.07 \] NON-TECHNICAL RUSSO A 2.5 8.4500 21.13 \, NON-TECHNICAL WILMOT B 0.5 8.2000 4.10 \J Totals: 62.5 .5 $ 1,172.81 \1 Salary Cost Times A Multiplier x 3.00 Total Salary Cost $ 3,518.43 " '. . . . May 08, 1992 COM No. 6171-008-0M/119B Task Order 8.3 Billing Pay Request 14 Invoice No. 44-006083 RE: ODOR ABATEMENT - OPERATIONAL TRAINING AND START-UP SERVICES Page 3 Total Due This Invoice: $ 3,964.58 'v Upper: Limit: $ 74,000.00 Billed to Date: $ 71,155.19 Dollars Remaining: $ 2,844.81 Remit to: Camp Dresser & McKee Inc. P.O. Box 30000 Orlando, Florida 32891-8217 \t~ " . CAMP DRESSER & McKEE INC. June 12, 1992 COM No. 6171-008-0M/119B Task Order 8.3 Billing Pay Request 15 Invoice No. 44-006168 RE: ODOR ABATEMENT - OPERATIONAL TRAINING AND START-UP SERVICES page 2 Other Direct Costs Cost Type Amount AUTO EXPENSE 1,048.84 ROOM 163.47 PARK,TOLL,TX 33.50 PRINTS 197.80 MISC EXPENSE 24.50 TELEPHONE 18.00 MEALS 331. 99 Other Direct Costs at Cost $ 1,818.10 '" other Direct Costs $ 1,818.10 Subconsu1tants 05/16/92 HALLENCO SERVICES INC. 1,430.00 05/09/92 HALLENCO SERVICES IN 780.00 Subconsultant Costs at Cost $ 2,210.00 'I Outside Professional Services $ 2,210.00 I' . I ' ..,..".. o. .. , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM it ~.I. - MEETING OF JULY 21. 1992 INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR ATLANTIC AVENUE/MILITARY TRAIL INTERSECTION IMPROVEMENTS DATE: July 13, 1992 This item is before you to approve an interlocal agreement with Palm Beach County for the funding of utility construction at the intersection of Atlantic Avenue and Military Trail. The County is currently preparing to widen Atlantic Avenue from the 1-95 Interchange to Jog-Carter Road. The first phase of the project consists of intersection improvements at Atlantic Avenue and Military Trail, requiring relocation of City water and sewer lines. The County's widening project design includes the utility relocation. The project has been bid and tabulations for the specified work indicates the amount attributable to the CJ ty is $86,541. 50. This amount will be adjusted based on measure quantities upon project completion. Funding is available in Water and Sewer Renewal and Replacement (Account No. 442-5178-536-61.78). Recommend approval of the interlocal agreement with Palm Beach County for the funding of utility construction at the intersection of Atlantic Avenue and Military Trail in conjunction with the Atlantic Avenue Widening projectj with funding from Water and Sewer Renewal and Replacement (Account No. 442-5178-536-61.78). .. . ., DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: DAVID T. HARDEN CITY KANAGER THRU: WILLIAM H. GREENWOOD IILl/; DIRECTOR OF ENVIRONMENTAL SERVICES FROM: RALPH E. HAYDEN, P.E'::.~ CITY ENGINEER \~ ' DATE: JULY 13, 1992 SUBJECT: ATLANTIC AVENUE/MILITARY TRAIL INTERSECTION IMPROVEKENTS - - - - - - - - - - - - - - - - - - - - - - - -'- - - - - - - - - Attached is an agenda request for entering into an inter local agreement between the City of Delray Beach and Palm Beach county for the funding of utility construction at the intersection of Atlantic Avenue and Military Trail. Also, attached is a copy of the proposed agreement which outlines the Obligations of both parties. This agreement has been reviewed and found to be acceptable by the City Attorney's off ice (memo attached). The Environmental Services Department is requesting that this item be placed on the commission agenda of July 21, 1992. If you have any questions or comments regarding this matter p~ease call me at extension 7323. RH: kt Attachment cc: George Abou-Jaoude, Deputy Director of Public utilities David Tolces, Assistant City Attorney I File: Memo to David T. Harden, City Manager 91-097 (D) RHRTDH2.KT .. M-r"~i r..rn"\CE~l . ., [ITY OF DElRAY BEA[H Ht\'\RON, t i, ' t32 .\1Jl '0 p~ l: 46 ~ CITY ATTORNEY'S OFFICE .- .... t: I :v FrO 2t1t1 NW ISl AVLNIIE RI~~\');'ll A.. I, FLORIDA 334014 h\CSl/;IILE 4117/27S-4755 Wzo.i.t:.ezo.. D.i.zoeClt:. L.i.ne (407) 243-7090 MEMORANDUM Date: July 9, 1992 To: Richard Hasko, Chief Design Engineer From: David N. Tolces, Assistant City Attorne~ Subject: Atlantic Avenue/Military Trail Utility Relocations pro;ect No. 91-097 I have reviewed the attached agreement. As long as your department is comfortable with the cost amount, I have no problem with the agreement. If you have any questions, please call. DNT: sh Attachment cc: Ralph Hayden, City Engineer George Abou-Jaoude, Deputy Director of Public Utilities Howard Wight, Construction Manager .. . AGU!lKINT BUUIIN PALM BIl1C11 OOtTN'l'Y AND TKI CITY or nl~RAY BIACH rOR TKI rUNnING or UTI~ITY CON'TRUCTION roR KILITAIY TRAIL AND WlST ATLANTIC INTERSBOTION IX'ROVlMEHTS PALII BUOK COUMTY, rLORIDA PALM BlACK COUNTY PROJECT NO.'1112C , .1112. T1II1 ACIlUImonrt, made anlS entered into thi. day of 1"_, by anlS 1:let".en PALM IBACH OOUNTY, a polt tiClal ,u1:ldivhion in the .ute ot 1'10d4a, herein referred to a. ICOutf'l'Y" and the ot'1'Y 01' DILDY BIAOK, a .unioipality in the state of rlorUa, h.r.in referred to a. the "CITY", . 1 T . . . 8 . ~ . I WDlUIU, OOUN'!'Y and the OITY lSedr. to jointly partioipat. in the oonatruotion ot oertain utiliti.. within the riqht-of-way ot the inter..otion ot Military Trail and ...t Atlantio Avenue, and 1fDUA8 , l'lodda .tatut.., Seotion 113.01, allow. qov.rnm.ntal unit. to .ak. the .o.t .ttioient u.e of their power. 1:ly .na1:l1inq the. to oooperat. with other looalitie. on a 1:la.i. of .utual advantaqe, and .....U, the ...oution ot aqr..m.nt h in the b..t intereat ot 1:loth 90vernmental unit. 1:ly promotinq effioient utility oon.truotion alonq the int.r..otion of Milita~ Trail and ...t Atlantio riqht-ot-way reterred to previou.1YI >>OW, TBKRB7ORI, tor and in oon.ideration ot the mutual oovenante contain.d herein, the 'arti.. to this Aqr....nt aqr.. a. tollow. t 1 , 1. The CITY aqr... to pay 4ireatly to the COUNTY oos;. attributable to n14 utility conetruotion .. outline4 in Spec1fioations for thi. projeot. 2. Said .ummation ot Cloat. 1. .tate4 in the amount of . 8',541.50 in aOClor4anae with the attaohed bi4 tabulation tor the .peeritie4 worl. 3. 5ai4 oo.t. ahall b. a4ju.ted upon completion of the projeot u.in~ aa oon.truoted quanti tie., .ai4 quanti tie. bein~ mea.ured by the 'alm ae&oh County Inqineerinq and Publio Works Department. 4. The CITY aqr... to tund tho.e oontribut1on. s.t forth in Paragraph. 1 through 3 abov. within thirty (30) 4.y. ot rece1vinq written Dotioa trom the COOB'rY that fun41nq b Z'.quired. 5. The COUN!Y i. to be re.pon.ibla tor &4miniaterin the fund. in aooor<<ano. with the Aqr....nt. 6. Tha CITY i. to b. Z'..pon.ibl. tor, and &gZ'e.. to provi4. or oau.. to be pertorm.d all in.paation ..rvic.. durinq oonatruction ot and tinal c.rtifioation toZ' the afore..ntioned utility .y.t.... 7. In the ev.nt that ad4itioD&1 Work and fundinq i. - Z'.quired, the ad41 tional oo.t attributable to .aU utili ty oon.truotion a. outlined in tha .paaitication. for this proj.ot i. the r..pon.ibility of the CITY. In the ev.nt ot an un4.r run attributahl. to .aid utility cOD.truotion a. outlined in the speoifieration, the OITY will b. oredited the ..0... amount. a . _.~.",._- .. 8. ~ll provisions of this ~qr..men~ callinq ~or the .xpen4i~ur. of a4 valorem tax mOlley by ei~h.r oomrry Or t.he CI'rY ara aubject to annual bu4qetazy fundinq and ahould either Party involuntarily fail to fund any ot their r..peotive obliqation. pur.uant to this Aqreemellt, thi. Aqr....llt .ay be terminated. 9. Any and all notio.a r.quir.d or p.rmitted to be qiv.n her.und.r sball b. 4.emed r.o.ived three (3) days arter lam. ar. d.poaited in u.s. Mail ..nt via o.rtiti.d .ai1, return r.o.ipt r.que.ted. All notio. to the OITY .hall b. .ent to. City of Delray Beaoh 434 south avilltoD Av.nu. D.lray Beaoh, PL 334014 ATTN. Mr. Gaorq. Abou-Jaoude Director of utilities All notic. to the county .ball be .ent to. Georqe T. Webb, P..., county Inqin.er znqine.rinq and PUblio work. D.partaent '.0. lox 21229 w..t 'alm B..oh, PL 3UU ATTIf. Road.ay Production 3 . . " IJI' WI'ftDI88 WIIJIUOI' , the 'artie. unto thl. Aqreement have .et their hand. and ...1. on the 4ay and date first writt.n above. CITY OJ' DELRAY BEACHa lAtH BDCH COUNTY, J'LOR%DA, BY ITS BOARD OJ' COUR'l'Y COMMIBSIONBRS BYa BYt IDATI) CKAIRKAr - ATTEST I ATTISTI MILTON T. BAUER, CLIRK BYe BYI (DATI) (DATI) APPROVID AS TO J'ORN AND LBGAL APPROnD AI '1'0 JORM AND LEGAL BUJ'J'%CUlNCYt IUI'JICIINCY I BYe JaY I CITY ATTOJUfIY COUNTY ATTORNEY 4 , ~--"- ., , ATTACHMENT IIBII JJECT NAMEI MILIITARY TRAIL AND YEST ATLANTIC AVENUE INTERSECTION IMPROVEMENTS PROJECT t 86112C 8611ZW BID OPENINC DATE: JUNE 16, 1992 CITY OF DELRAY BEACH ITEM QUANTITY /UNITS UNn PRICE TOTAL ;;-..............~..~~=~===~=.;aa_~_.................................eeec~..=:=====a~__................... 49 SANITARY MANHOLES ADJUSTED TO GRADI 1 EA '525.00 1525.00 50 WATER VALVE BOXES ADJUSTED TO GRADE 10 EA "05.00 ",050.00 S1 MANHOLE (TYPE P-7T)(<10')(CONFLICT) 4 EA ",695.00 $6,780.00 5Z MANHOLE (TYPE J.7T)(<10')(CONFLICT) 1 EA $1,237.50 $1,237.50 SO% CITY'S PORTION SOX SOUTHERN BELL TELEPHONE PORTION 55 LtMEROCK FOR UTL CONF (17" THICK-DBL CRSE) 800 IV sa.10 16,410.00 57 12" DIP WM (CLASS 50 CEMENT-LINED) 1,035 LP S31.50 '32,602.50 58 8" DIP""" (CLASS 52 CEMENT-LINED) 28 LP S26.50 S742.00 59 411 DIP FM (CLASS 53 POLY-LINED) 120 LP '31.50 $3,780.00 60 TR!NC~ SAFETY (4", 8", 1211) 1,183 LF ., .05 ., ,242.15 ill 12" TAPPING SLUVE & VALliE & VALVE BOX 1EA 12.500.00 $2,500.00 62 1211 GATE VALVE & BO)( 3 fA 814.00 $2,442.00 63 1211 aUTTERFLY VALVE" BOX 2 EA S814.00 ",628.00 64 8" OATE VALVE & BO)( 2EA $525.00 '1,050.00 65 CUT IN 12" )( 1211 TEE & 1211 GAT! VALVE 1 EA $1,575.00 ",575.00 66 1211 PLUG WITH 2" BLOW on 1 fA 1683.00 ,1683.00 67 SAMPLE POINTS 4 EA "26.00 1504.00 68 FIRE HYDRANT ASSEMBLY 2 EA ",390.00 $2,780.00 69 ADJUST 4" PVC ,. .H. '20 L' '3.15 $378.00 70 DBL BAst CRSE OVER 12" & 8" WM (17" THK)(INC PlUME! COAT) 1,556 IY $S.10 $12,603.60 11 12" PVC WM REMOVAL Ir DISPQSAL 1,010 Lf '5.25 15,302.50 72 4" PVC FM REMOVAL & DISPOSAL 125 L' '5.25 &656.25 ............... TOTAL AMOUNT 186,'41.50 .. -~-"- ., J; ._ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS I (< .' FROM: CITY MANAGER i /Z/ I SUBJECT: AGENDA ITEM # ?55 - MEETING OF JULY 21. 1992 RESOLUTION NO. 73-92 DATE: July 23, 1992 This is a resolution authorizing the City Manager to enter into an Urban and Community Forestry Grant Memorandum of Agreement with the State of Florida Division of Forestry. This resolution is required as a part of the grant application process. This is a matching grant program. Staff is requesting $6,250 to build shade and mist houses, install fencing and irrigation at the nursery located at the Municipal Cemetery and to print educational brochures explaining the importance of urban forestry. Matching funding is available in the Parks and Recreation General Operating Fund. Recommend approval of Resolution No. 73-92. ,. -, "'-'---'-"'-'--~ . - - - ------- --.-..- __.~_m_ ____n_ _____. ___ RESOLUTION NO. 73-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY. WHEREAS, many public and private areas within the jurisdiction of this governmental body are in need of sound tree care and maintenance and must be improved and maintained as Urban 4nd Community Forests; and, WHEREAS, the Mayor and City Commission desire that the City of Delray Beach improve various areas within the City by adopting and promoting proper Urban and Community Forestry Practices; and, WHEREAS, the Mayor and City Commission wish to authorize the City Manager and his staff to enter into an Urban and Community Forestry Grant Memorandum of Agreement between the City of Delray Beach and the Florida Department of Agriculture and Consumer Services, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Mayor and City Commission of the City of Delray Beach hereby authorize the City Manager and his staff to enter into an Urban and Community Forestry Grant Memorandum of Agreement between the City of Delray Beach and the State of Florida Department of Agriculture and Consumer Services. Section 2. That the City Clerk of the City of Delray Beach is hereby directed to send copies of this Resolution to the Department of Agriculture and Consumer Services and all other persons as directed by the Mayor and City Commission. PASSED AND ADOPTED in regular session on this the 21st day of July, 1992. MAY 0 R ATTEST: City Clerk . .. . .. , . M E M 0 RAN DUM TO: David T. Harden City Manager {\ FROM: Joe Weldon ~ Director of P rks and Recreation DATE: July 6, 1992 SUBJECT: REQUEST CITY COMMISSION APPROVAL AND SUPPORTING RESOLUTION TO SUBMIT A GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES. We wish to take advantage of funds made available under the America the Beautiful Urban and Community Forestry Program to upgrade and expand our small nursery located at the municipal cemetery. We are requesting $6,250 from this matching grant program. These funds will be used to build shade and mist houses, install fencing and irrigation at the nursery and to print educational brochures explaining the importance of urban forestry. These improvements will allow the City to increase our plantings in our Park and Recreation areas as well as assisting in the implementation of an "Adopt-A-Tree" Program. City match will come from the Parks and Recreation General Operating Fund. We request that this item be placed on the July 14, 1992 regular City Commission meeting agenda. A copy of the proposed resolution is attached. JW/DGR/mist attachments cc: Doug Randolph, Grants/Training Coordinator ......~.~- . . - - Attachment C Page 3 of 4 Project Title: Nursery Upgrade and Expansion Program Applicant Name: City of Delray B~~ch PROJECT DESCRIPTION (two page limit) Urban and Community Forestry Grant Application The City of Delray Beach is a coastal community of 48,000 residents located in southern Palm Beach County. The City is quite active in its efforts to protect and preserve its natural attributes and surroundings. Delray Beach has a well established and successful Recycling and Litter Prevention Program and is also quite proud of its Downtown Beautification and Xeriscaping Programs. This past April the City established an Environmental Awareness Day to celebrate both Earth as well as Arbor Day. Delray Beach has received', for the eight consecutive year, the Tree USA Award which denotes that our City is involved and committed to Urban Forestry Programs. Currently the City maintains a small nursery located at the municipal cemetery that has been used as a holding ,and transplanting area. With funding from the Urban and Community Forestry Grant Program we wish to upgrade and expand this area. These improvements will allow the City to offer a free "Adopt-A-Tree" Program to our residents as well as increase our plantings in our Park and Recreation areas. Trees would be provided to our residents with planting assistance from City Employees at no charge for those wanting to take advantage of this opportunity to help the environment, beautify their property and increase-the tree canopy in our City. Part of the requested funds would be used to develop an educational brochure explaining the benefits and importance of shade trees in the urban environment and to provide information about the Adopt-A-Tree Program. IN SUMMARY The City of Delray Beach is committed to doing its part in preserving the environment and contributing to those elements that are often overshadowed by rapid population increases. The proposed Nursery Upgrade and Adopt-A-Tree Program would be a worthwhile addition to our existing environmentally responsive projects and would be a source of information and training for our young people and others who may wish to become more involved in this program. DGR/Nursery .. .- - .. . Attachment C Page 4 of 4 BUDGET ITEM GRANT CITY MATCH "" I , II , II , I , II , , /1 f' , , I , I , 1111/ , III , I , , III f II , IIII , , " , , I , II , , II , III1 , , 11111,' III Construction of Mist House $2,250 $2,250 (In-House) Construction of Shade House $2,250 $2,250 (In-House) Fencing $1,000 $1,000 (Contracted out) Irrigation $ 500 $ 500 (In-House) Brochures $ 250 $ 250 (Outside Printer) Subtotal: $6,250 $6,250 Total Project: $12,500 ____'_.'_ _. __......._u__"__ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t'/t1 SUBJECT: AGENDA ITEM # <g~ - MEETING OF JULY 21. 1992 RESOLUTION NO. 74-92 DATE: July 13, 1992 We have received a request from the Metropolitan Planning Organization (MPO) for Commission acceptance and support of the expansion of the membership on the MPO to include respresentatives from the City of Belle Glade and the Port of Palm Beach. The MPO currently has 15 members I five County Commissioners and 10 elected officials from eight municipalities. The MPO's proposal expands the membership to 17 with an elected official from Belle Glade and an elected commissioner from the Port of Palm Beach. Recommend approval of Resolution No. 74-92. '. , . om.__ RESOLUTION NO. 74-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING AND SUPPORTING THE EXPANSION OF THE MEMBERSHIP OF THE METROPOLITAN PLANNING ORGANIZATION OF PALM BEACH COUNTY, FLORIDA, TO INCLUDE REPRESENTATIVES FROM THE CITY OF BELLE GLADE AND THE PORT OF PALM BEACH. WHEREAS, Chapter 339.175, Florida Statutes, establishes the Metropolitan Planning Organization and sets forth the membership requirements; and WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) requires" the boundaries of the MPO to include the designated non-attainment area which encompasses the boundaries of Palm Beach County; and WHEREAS, Chapter 339.175, F.S. , and ISTEA require coordination of all modes of travel in the MPO study area; and WHEREAS, the Metropolitan Planning Organization of Palm Beach County proposes to expand its membership to provide representation to the western portion of Palm Beach County and the Port of Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the expansion of the membership of the Metropolitan Planning Organization of Palm Beach County to include an elected representative each from the City of Be lIe Glade and the Port of Palm Beach is hereby accepted and supported. Section 2. That the City Clerk of the City of Delray Beach is hereby directed to send copies of this Resolution to the Office of the Governor, the Metropolitan Planning Organization of Palm Beach County, and all other persons as directed by the Mayor and City Commission. PASSED AND ADOPTED in regular session on this the 21st day of July, 1992. MAY 0 R ATTEST: City Clerk . " 7/10/92 TO: David Kovacs - Review and necessary action. er METROPOLITAN PLANNING ORGANIZATION OF PALM BEACH COUNTY : GO ..\~i~;',).' . ,; '~11"1 ;:~, 1.1 3:-)~1)(3 -~ "I .:'~, ,<3,1 July 8, 1992 n - 1"',f~C '-. ~/i/E- ~ U Mr. David Harden, City Manager JUL 1 0 I'I~~ City of Delray Beach CiTy M 100 Northwest First Avenue ,ANAGf:R' Delray Beach, Florida 33444 S OFFICE RE: MPO Membership Reapportionment Dear Mr. Harden: Under Florida Statutes, the Governor must periodically review memberships on the Metropolitan Pl ann i ng Organ i zat i on. The recent Federal Intermodal Surface Transportation Efficiency Act (ISTEA), also contained provisions which require expansion of the MPO's boundaries to encompass the entire County. The i ntermoda 1 coordination aspect of transportation also received emphasis. Due to these factors, the Palm Beach MPO has prepared a membership reapportionment plan for consideration by the Governor. The MPO currently has 15 members, five County Commissioners and 10 elected officials from eight municipalities. The MPO's proposal expands the membership to 17 with an elected official from Belle Glade and an elected commissioner from the Port of Palm Beach. A copy of the current and proposed membership with represented populations is attached. As part of the support i ng document at i on for the reapportionment plan, the Governor has requested a resolution from each current MPO member government accepting or rejecting the proposed reapportionment. Please prepare and adopt a resolution relative to this plan. The resolution should be sent to the MPO as soon as possible so the transportation planning process can continue uninterrupted. If you have any questions, please contact me. Sincerely, '" r":-""'-'I.~ ~~eld' @.tr'e~ ' ' ',,1' \f\'" , ,,' , , . \. " '. -.. . -., 'J . ..,..,.J I '~ \' . . Y' \;. . ,~\ilt Director '"" i ", RMW:pvn -. "'. ~ '__" f ~ ; i, ! ~.... t " . , cc: MPO members P.O. Box 21229, West Palm Beach, Florida 33416-1229 ~ -~.,-.~--_.,---- ., - MPO Membership Apportionment 1991 Percent of Current Proposed Municipality Population Total Members Members /# % /# % Atlantis 1,666 0.19 Belle Glade 16,132 1.83 1 1.83 Boca Raton 62,157 7.04 2 7.04 2 7.04 Boynton Beach 47,022 5.32 1 5.32 1 5.32 Briny Breezes 395 0.04 Cloud lake 114 0.01 Delray Beach 48,206 5.46 1 5.46 1 5.46 Glen Ridge 206 0.02 Golf 238 0.03 GoHview 153 0.02 Greenacres City 19,163 2.17 Gulf Stream 695 0.08 Haverhill 1,163 0.13 Highland Beach 3,209 0.36 Hypoluxo 1,096 0.12 Juno Beach 2, 124 0.24 Jupiter 25,710 2.91 1 2.91 1 2.91 Jupiter Inlet Colony 406 0.05 lake Clarke Shores 3,622 0.41 lake Park 6,709 0.76 lake Worth 28,436 3.22 1 3.22 1 3.22 lantana 8,371 0.95 Manalapan 318 0.04 Mangonia Park 1,398 0.16 North Palm Beach 11 ,530 1.31 Ocean Ridge 1,575 0.18 Pahokee 6,764 0.77 Palm Beach 9,808 1.11 Palm Beach Gardens 24,447 2.77 1 2.77 1 2.77 Palm Beach Shores 1,038 0.12 Palm Springs 9,759 1.11 Riviera Beach 27,579 3.12 1 3.12 1 3.12 Royal Palm Beach 15,123 1.71 South Bay 3,584 0.41 South Palm Beach 1,479 0.17 Tequesta 4,500 0.51 West Palm Beach 67,923 7.69 2 7.69 2 7.69 Uncorporated Area 419,226 47.48 5 47.48 5 47.48 Port of Palm Beach 1 Palm Beach County 883,044 100 85.01 86.84 Total Members 15 17 Note: One Palm Beach County seat designated as representative for Tricounty Commuter Rail Authority. Based on 1991 Florida Estimates of Population. Prepared by University of Florida, Bureau of Economic and Business Research. Revised 5/21/92 .. " I . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER?Jv1 SUBJECT: AGENDA ITEM it <61- - MEETING OF JULY 21. 1992 RIGHT-OF-ENTRY AND LICENSE AGREEMENT/CBD ALLEY RECONS- TRUCTION PROJECT DATE: July 13, 1992 This item is before you to approve a right-of-entry and license agreement with the property owner at 47 S.E. 5th Avenue. This agreement gives the City the right to enter upon the property in order to perform various construction tasks in conjunction with the CBD Alley Reconstruction project. Recommend approval of the right-of-entry and license agreement with the property owner at 47 S.E. 5th Avenue. ,. - " C I T'Y H T TOR ~~ E Y . S OFF ICE TEL ~.1 0 . 4 (1"( .:: 7~' 4 -;' 5 5 ] IJ 1 ~ ': .? ~ : -: : -::- :,: ~ .. ~...,........ /"'~ , .,' ,/ '. .. '. .'~ .~~~ .. .... ~J " MY DF DElAAY BEA[H !:~ r'e.;.!t~::~'f:~.~, \-:- . -, . ~'':',:,.;.~~- '" ~L 0 .,.,~, "~:~.'''''-~.-'' CITY ATTORNEY'S OFFICE 200 NW hI AVENUE. DELRAY nEA~H. FLORIDA 33444 FACSIMILE 4071278.4755 W&:'L'=-_.. - DLrev,=- L1.ne (407) 243-7090 ~ ~ MEMORANDUM T ,. Date: July 15, 1992 To: City Commission . From: David N. Tolces, Assistant City Attorne~ Subject: Allev Reconstruction - Right of Entry Agreement As part of the alley reconstruction process, it may be necessary to enter onto various properties in order to properly construct the improvements. conaequently, the City 18 required Ji" to enter into right of entry, agreE!lllent~ : ~1~Jl:, pJ;."~p.er~yowner. . The property owner, AS part of this agreement;' agrees to hold , the City harmless for damage. to their property. ~. ' , ~. . . . j:" The following property owner haa execu~~d, an ...!.9Feement. The :, " following ill before you tonight for approval: ~ ' ~":I':ft'I,.,_ '~',':_ .",~ .'..,_ ';'.'~ ".,' . .... . d';$F'\.. ' '. . '~ .' , ~"'. 4'.10 ,j,. ,~~ "I:', .;~ :f.'f (. 0; . ''''i~'f ~~,+., , . ..' Lee curllons ..".. f'~. 47 S.E. 5th Avenue I':"'~ Delray Beach, Florida 33483 :,,' ;' , \: .~ ' If you have any questions, ple... call. o. ONT: sh ee: David Harden, City Manager " .. CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jul 1 tl ~ '~ ~ '? : 15 C' t-!..... . ' . t --. - RIGHT OJ' Bnay AND LXCDSB AGIUIBxDrr 70. UTILITYCO..TRUCTIOH PROJECT : central Busine.. Di.trict Alley Racon.truc~1on Project .. PROJECT No: 91-53 ~ ~ , BLOCK/ALLEY No: 109 PROPERTY OWNER: Lee cur. on. 47 B.8. .,Gt.~ Avenue Delray Beach, FL 33483 ..jf.,1f3P AGREEMENT entered into t:hi. 3 day of ~, 19~, by and between the CITY OF DELRAY BEACH, a Florida ..uniC~ corporation, (h.reinarter referred to a. CITY), and .f~ referred to .. (OWNER) , provides a. tollows: WHBRBAS , the CITY d..ire. to 'eonst.ruct utility, paving, and draina;. 1.provem~n~. to the alley of block 109. -----.' " .. , ...-.. ,.,.- ~ . r '.~ .... . WHEREAS, t:ha' City' ha.~~.~.~~~8d ~~. the improvement. pro~.ct:"th. ., , ar. n.e....ry t.o publlc healt:h, safety, and weltar., and, WHEREAS, in order ~o compl.t. .ald ut:llit:y, pavinq and drainage improve.ents it i. n.e....ry for the CITY to enter upon and per~orm various con.truction task. on the tOllow1nq . \ descri~d property: The parcel of land bet.ween the building and the north property line of the tIOuth 42 feet of Lot 9, Block 109, map o~ the Town of Linton, Florida a. r.corded in Plat Book · B' , paqe 3 of the Publio Record. ot Palm Beach County, Florida. Pa9- 1 or 4 " '_..I. i I r. I I WI, 1l.... I -./ WI 1._,- I....~ '1...'. -- - - ~ -- - -' .. - . - - - ~ - I 1 . . . . . , I . -. ~ AND; . . WHEREAS, a. part of this project, the CITY 1s willing to reconstruct the OWND'S land to provide ' tor improved ,. drainaq_ and pavlnq in conjuno4tion with the CITY'S improvement., and r..tore the OWNBR'S land, property, I faoiliti.. and/or veqe~a~lon to it. original condition upon ! completion ot the project'at no expen.. to th_ OWNER. , WHEREAS, .the propo.ed work .xoludes mOdifications or improve.ents to ex1stinq bulldin9 .tru~ure.. NOW, THBRBFORB, in wi~n... ot i:he above and in ., ...consid~ion ot the, CITY ' .qt:e~inq '1:~ ~on4uct the afor..aid . , utility con.~ruction and/or .041f'lcatlC)nsr~ and to restore the property to its or1v1nal oondltlon,"-and tor other 9004 and valua~le ,consideration in hand received, OWNER hereby ;rant. unto the CITY, their Bmployee., Agent., Contractors, SUb-contractors, and/or A..i9lls the 11cen.. and ri9ht to enter upon 8ald land ot OWNER tor the pUrpose of conductinq utility construction or moditicatlons. '\, 1~ The above stated recitals are incorporated herein a. it fully .et forth herein. Pa9- 2 ot 4 . . I .. . . . . . . -- .. . 2. It is turther agreed that tor the previously reterenced consideration, OWNER, hereby releases and holds . the CITY harmle.. troll any d811&988 that: result or m19ht result to OWNER'S property as a result ot the CITY, the Employ..s, Agents, Contractor., SUb-contractors and/or Assigns cominc;r upon .ald land t(>r the purpo.e. previously .tated. This parac;rraph, .hall apply exoept in cases of n.9119'8n08, gross nec;r1ill.nce or intentional acts of de.truction which may occur durin9 the utility construction. J I 3. rt 1s turther agre.d that the license and ric;rhts granted herein shall ceaae upon co.pl.tion and tinalization t of the Contract upon which said con8truction i. pertormed. ~ , '-"" ....--;.. I 4. Thi. Agr....nt con.ti tutes, the ' entire a9reement I I and understanding of the pa~ti.., and supersed.. all offers, I naqotiationa, ancl oth.r ' aCiJr.e..etns. There are no repre.entation. or under.tanding. ot any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. IN WITNESS WHEREOF, the parties have accepted, made and executed this Agreement and three (3) counterparts each paq. 3 ot 4 ,. . , . , . -, . Fi ' .. , . , ,1 . i'l -.. " - I - con8tltutinq an original upon the term. and oondition. above ... . , .~at.d on the date r1r.t set rorth above. .. ! .. t J::,/cRA~- p~~ LA~~ , i' I I ' WITNESS OWNBR/AGBNT ~ ~ oJ WITNESS . CITY OP DBLRAV BEACH, PLORIDA , --.. "~." . .,. Mayor . . ATTEST a . ! , City Clerk Approved 808 to porat , , I '\ city Attorney , PAQ8 4 ot 4 . .. - ,. . )tIcmo CITY OF DELRAY BEAC~~ - TO: Alison M. Harty,City Clerk DATE: 7/21/92 FROM: Sue Morrison, Adm. Asst. SUBJ: Resolution Nos. 68-92 & 69-92 On 7/20/92 payment in full was received from Foster Mortgage Corp. for the unsafe conditions at 3557 Lakeview Drive. I am therefore requesting that Resolution Nos. 68-92 and 69-92 be removed from the Consent Agenda of 7/21/92. -...-...... I l I I .... -.---- . . ,. ,..," " , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t01 SUBJECT: AGENDA ITEM it cg (Yl - MEETING OF JUL Y 2 1 . 1992 RESOLUTION NO. 68-92 DATE: July 10, 1992 This is a resolution assessing costs for abatement action required to secure an unsafe pool structure located on property at 3557 Lakeview Drive. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $600.38 remains unpaid. Recommend approval of Resolution No. 68-92 assessing costs to secure an unsafe pool structure located on property at 3557 Lakeview Drive. ,. .. i RESOLUTION NO. 68-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land (s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) ,days from the date of service of the notice and failure to file an : appeal or to make the repairs required that the Building Official would ,i have the authority to have the building demolished from the date of the Ii said notice; and, il WHEREAS, all the notice requirements contained wi thin Chapter ! 165 have been complied with; and, II II WHEREAS, neither an appeal to the Board of Construction Appeals : or corrective action was undertaken in accordance with the order of the i'Chief Building Official; therefore pursuant to Section 165.41 the Build- I ing Official caused the abatement action to be done; and, , I WHEREAS, the City Manager of the City of De lray Beach has, i pursuant to Section 165.42 of the Code of Ordinances of the City of I Delray Beach, submitted to the City Commission a report of the costs I incurred in abating said condition as aforesaid, said report indicating I the costs per parcel of land involved; and, I WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(sl. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ,. ,. I Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the ;1 parcells) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 165.42 II become a lien upon the respective lots and parcel (s) of land described :1 in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and !I with the same penalties and under the same provisions as 'to sale and :1 foreclosure as City taxes are collectible. II Section 2. That such assessments shall be legal, valid and II binding obligations upon the property against which said assessments are II levied. II Section 3. That the City Clerk of the City of Delray Beach is i hereby directed to immediately mail by certified mail, postage prepaid, :( return receipt requested, to the owner (s) of the property, as such I ownership appears upon the records of the County Tax Assessor, notice(s) ! that the City Commission of the City of Delray Beach has levied an assess- 'I ment against said property for the cost of abatement action regarding an i unsafe building by the thirty (30) days after the mailing date of said ;1 notice of assessment, after which a lien shall be placed on said proper- ;1 ty, and interest will accrue at the rate of six percent (6%) per annum, :J plus reasonable attorney's fees and other costs of collecting said sums. !! Section 4. That this resolution shall become effective thirty !I (30) days from the date of adoption and the assessment(s) contained 'I 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 'I placed on said property(s), and interest shall accrue at the rate of six :1 percent (6%) per annum plus reasonable attorney's fee and other costs of I collection. " II II i ! Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date I of the notice of assessment, the City Clerk is hereby directed to record I d a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- II fied copy of this resolution a lien shall become effective on the 11 subject property which shall secure the cost of abatement, interest at il the rate of 6%, and collection costs including a reasonable attorney's I fee. PASSED AND ADOPTED in regular session on this the day of , 1992. I MAY 0 R ATTEST: City Clerk I, - 2 - Res. No. 6~92 '. - . NOTICE OF ASSESSMENT Date TO: Frank J. and Patricia A. Ditmyer 1100 Village Lane, Winter Park, FI 32792 ADDRESS: 2015 E. Linton Lakes Dr., Delray Beach, FI 33445 PROPERTY: 3557 Lakeview Drive, Delray Beach, FI LEGAL DESCRIPTION: Lot 22, Block 4, Lakeview according to Plat Book 30, Pages 10 and 11 of the official records of Palm Beach County, FI You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of $600.38 by resolution of the City Commission of the City of Delray Beach, Floridat dated - , 1992, has been levied against the above-described prop~rty. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 5-12-92 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiatp.d on an emergency basis by the City. You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining, appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification, on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. , The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 5-18-92 at a cost of $600.38 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. ~ "I< . Copy of all notices referred to in this notice are available in the office of the Build~ng Official. BY ORDER OF THE CITY COMMISSION. City Clerk ~ 6 / -" , . ('- -/ P ALlIER JOHNSON CONSTRUCTION CO. . P. O. Box 5552 lake Wonb~Fl.33466 688-e560 LICENSED ~ BONDED & INSURED Customer Dale I 5 ~~ :: I Iftvoioe Number I 91 I ID I I Tems I UPON COMPLETIOm 1 INS~~~~:; ;:~rr n~:n h R~~~rr T.~;~ T:R::NT~ ~~N"~ I I I I 4 q ? (Hi I I I I I I 22.37 31.35 I I I I I S u b-C ontract or t oteJ t.tat erials total 22.37 /lkw~ ~~~ - 5 u b-t otal 10" Overh ead 5 u b-t otal ,.. 1 0" Profit Sub-total Lab or I payroll total 31.35 Invoice Total $545.78 .--- ,. . if' " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER[~ SUBJECT: AGENDA ITEM it '?IN - MEETING OF JULY 21. 1992 RESOLUTION NO. 69-92 DATE: July 10, 1992 This is a resolution assessing costs for abatement action required to board up an unsafe structure located on property at 3557 Lakeview Drive. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $281.90 remains unpaid. Recommend approval of Resolution No. 69-92 assessing costs to board up an unsafe structure located on property at 3557 Lakeview Drive. .. ,. RESOLUTION NO. 69-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs I incurred in abating said condition as aforesaid, said report indicating i the costs per parcel of land involved; and, \ ! WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s) . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: " ,. Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30 ) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcel (s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and I binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6% ) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1992. MAY 0 R ATTEST: City Clerk ., '.11, . NOTICE OF ASSESSMENT Date TO: Frank and Patricia Ditmyer 1100 Village Lane, Winter Park, Fl 32/~2 ADDRESS: 2015 E. Linton Lakes Dr., Delray Beach, fl 33445 PROPERTY: 3557 Lakeview Drive, Delray Beach, FI 33444 LEGAL DESCRIPTION: Lot 22, Block 4, Lakeview according to Plat Book 30, Page 10 and 11 of the official records of Palm Beach County, FI You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of$281.90 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1992, has been levied against the above-described prop~rty. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 4-20-92 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiatp.d on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 4-27-92 at a cost of $281.90 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. ~ - . - Copy of all notices referred to in this notice are available in the office of the Build~ng Official. BY ORDER OF THE CITY COMMISSION. City Clerk ~ ,. - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~rv1 SUBJECT: AGENDA ITEM it <30 - MEETING OF JUL Y 2 1 . 1992 RESOLUTION NO. 70-92 DATE: July 10, 1992 This is a resolution assessing costs for abatement action required to board up an unsafe structure located on property at 45 N.W. 1st Avenue. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $207.90 remains unpaid. Recommend approval of Resolution No. 70-92 assessing costs to board up an unsafe structure located on property at 45 N.W. 1st Avenue. " ',I' ,. RESOLUTION NO. 70-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land (s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed wi thin thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, : , WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition ag~inst said property owner(s) . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: .. " Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner (s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1992. MAY 0 R ATTEST: City Clerk ,. \ \I, NOTICE OF ASSESSMENT Date TO: James P~ D'Angelo ADDRESS: 251 NW B1st Terrace, Coral Springs, Fl 33071 PROPERTY: 45 NW Firs t Avenue, Delray Beach, Florida 33444 LEGAL DESCRIPTION: Lot 2, Block 60, Town of Delray according to Plat Book 1. Page 3 of the official records of Palm Beach County, FI You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of $207.90 by resolution of the City Commission of the City of Delray Beach, Florida, dated - , 1992, has been levied against the above-described prop~rty. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given not,ice on 4-16-92 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiatp.d on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining, appeal. You have also failed to take the corrective action required by the notice of 'the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 4-23-92 at a cost of $207.90 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost, shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. " ','1' . . Copy of all notices referred to in this notice are available in the office of the Build~ng Official. BY ORDER OF THE CITY COMMISSION. City Clerk ~ ,. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERtfi,1 SUBJECT: AGENDA ITEM it ?5P - MEETING OF JULY 21. 1992 RESOLUTION NO. 71-92 DATE: July 10, 1992 This is a resolution assessing costs for abatement action required to demolish an unsafe structure located on property at 516 N.W. 1st Street. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $2,460.70 remains unpaid. Recommend approval of Resolution No. 71-92 assessing costs to demolish an unsafe structure located on property at 516 N.W. 1st Street. " ,. '* . - '" RESOLUTION NO. 71-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF. THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of De1ray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the 1and(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances I describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter I 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, I WHEREAS, the City Manager of the City of De1ray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of I Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating I the costs per parcel of land involved; and, , WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the , cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: . I '. " . - -- Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30 ) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcel (s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and I binding obligat~ons upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty ( 30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s) , and interest shall accrue at the rate of six percent (6 %) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1992. MAY 0 R ATTEST: City Clerk " . NOTICE OF ASSESSMENT Date TO: Roberta Garland ADDRESS: 13 NW 3rd Avenue, Delray Beach, Florida 33444 PROPERTY: 516 NW 1st Street, Delray Beach, Florida 33444 LEGAL DESCRIPTION: N50' of W135' of Block 20, Town of Delray according to Plat Book 1, Page 2 of the official records of Palm Beach County, FI You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of$2,460.70 by resolution of the City Commission of the City of Delray Beach, Florida, dated - , 1992, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 3-31-92 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiatp.d on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtainin& appeal. You have also failed to take the corrective action required by the notice of'the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The.Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 5-5-92 at a cost of $2.460.70 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. . .. "I; - Copy of all notices referred to in this notice are available in the office of the Building Official. BY ORDER OF THE CITY COMMISSION. City Clerk ~ '.If' .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tM SUBJECT: AGENDA ITEM it ~~ - MEETING OF JULY 21. 1992 RESOLUTION NO. 72-92 DATE: July 10, 1992 This is a resolution assessing costs for abatement action required to remove nuisances on 23 properties located within the Ci ty. 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. 72-92 assessing costs to remove nuisances on 23 properties located within the City. 'f '.'1' " RESOLUTION NO. 72-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS . WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner (s) of the land (s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance (s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), , .. ,. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel (s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid wi thin thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel (s) of land described in said report, of the i same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner (s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s) , and interest shall accrue at the rate of eight (8 ) percent per annum plus, if collection proceedings are , necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30 ) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1992. MAYOR ATTEST: City Clerk - 2 - Res. No. 72-92 '. . COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT LT 1, CHRIST MISSIONARY BAPTIST CHRIST MISSIONARY BAPTIST $ 92.40 CHURCH, ALL OF PLAT, PUBLIC CHURCH OF DELRAY BEACH, 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL FL. , INC. (RECORDING) (125 SW 8TH STREET) P.O. BOX 2964 DELRAY BEACH, FL 33447 CORNICHE, ALL OF PLAT, PUBLIC CRAFT DEV. II, INC. $ 74.00 RECORDS, PALM BEACH COUNTY,FL 5910 NW 2ND AVENUE 70.00 (ADM. COST) (SE 6TH AVENUE) BOCA RATON, FL 33487 (RECORDING) S30' OF N90' OF E135' OF BLK REBECCA HAYES $ 64.00 10, TOWN OF DELRAY, PB 1, P 3, C/O EDWARD DEMPS 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH P.O. BOX 3099 ( RECORDING) COUNTY, FL FT PIERCE, FL 34948-3099 (242 NW 6TH AVENUE) S30' OF LOT 6, BLK 28, TOWN LEONARD DAVIS $ 75.00 OF DELRAY, PB 1, P 3, PUBLIC C/O GENERAL DELIVERY 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL V.A. BRANCH P.O. (RECORDING) (NW 5TH AVENUE) LOS ANGELES, CA 90073- 9999 S100' OF N1040' OF GOV LOT 4 MARLENE CERNY $100.00 E OF ST RD AlA, SUB OF SEC VIENNA, AUSTRIA 70.00 (ADM. COST) 21-46-43, PUBLIC RECORDS, PALM C/O DAVID B. DICKENSON, (RECORDING) BEACH COUNTY, FL ATTORNEY (1325 S. OCEAN BLVD) 980 N.FEDERAL HWY,STE 410 BOCA RATON, FL 33432 LOT 4, FAIRACRE, PB 24, P 53, NANCY HILL $ 32.03 PUBLIC RECORDS, PALM BEACH 101 N.W. 11TH STREET 70.00 (ADM. COST) COUNTY, FL DELRAY BEACH, FL 33444- (RECORDING) (101 NW 11TH STREET) 2950 LOTS 19, 20 & N1/2 OF LOT 21, RESOLUTION TR CORP. $ 54.90 C.H. DIGGANS SUB/BLK 55/TOWN CONSERVATOR FOR AMERICAN 70.00 (ADM. COST) OF LINTON, PUBLIC RECORDS, PIONEER (RECORDING) PALM BEACH COUNTY, FL C/O HOLLAND & KNIGHT (228 SW 1ST AVENUE) P.O. BOX 14070 FT.LAUDERDALE, FL 33302 LOT 1, BLK 1, SUNNY HEIGHTS VERNICE L. THOMAS $ 86.38 AMNDED, PB 27, P 221, PUBLIC 321 N.W. 8TH STREET 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING) (321 SW 8TH STREET) S150' OF W135.5' OF BLK 26, FRED MC COY $ 56.30 TOWN OF DELRAY PB 5, P 64, 4950 N.W. 15TH COURT 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH MIAMI, FL 33142 (RECORDING) COUNTY, FL (415 NW 2ND STREET) -3- RES. NO. 72-92 '. ';f' . LOT 7, BLK 3, LAKE IDA GARDENS WILLIAM M. DEWITT $ 39.42 AMNDED PLAT, PB 23, P 192, 5038 CLEVELAND ROAD 70.00 (ADM. COST~ PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33484 (RECORDING COUNTY, FL (400 NW 12TH STREET) LOT 2, BLK 1, ROSEMONT PARK, FRANCINE CLINTON $176.30 DELRAY, PB 13, P 60, PUBLIC 1501 N.W. 1ST STREET 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33435 (RECORDING) (605 SW 5TH AVENUE) LOTS 9 & 10, BLK 6, ATLANTIC C.F.JR & CYNTHIA M.RIDLEY $ 66.64 GARDENS, DELRAY, PB 14, P 63, 137 S.W. 12TH AVENUE 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444- (RECORDING) COUNTY, FL 1533 (133 & 137 SW 12TH AVENUE) LOTS 28 & 29, BLK 29, RESUB OF CHARLIE TERRY $294.28 BLK 29, DELRAY BEACH, PB 9, 95 S.W. 5TH AVENUE 70.00 (ADM COST) P 66, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444- (RECORDING) BEACH COUNTY, FL 2511 (95 SW 5TH AVENUE) LOT 12, BLK 64, PT OF SUB OF NATHANIEL HICKMON $ 11.74 BLK 64, DELRAY BEACH, PB 20, 13971 LAWRENCE ROAD 70.00 (ADM. COST) P 39, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33445 (RECORDING) BEACH COUNTY, FL (337 SW 1ST AVENUE) LOT 17, BLK 1, ATLANTIC PARK ELKANAH HEPBURN $ 28.08 GARDENS, DELRAY, PB 14, P 56, P.O. BOX 8002 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH W. PALM BEACH, FL 33407- (RECORDING) COUNTY, FL 0002 (NW 13TH AVENUE) LOTS 7 TO 12 INC. & W 1/2 OF ROY D.& CECILIA A.JEWELL $ 52.46 16' ABNDED ALLEY LYG E OF & 1402 N. FEDERAL HWY 70.00 (ADM. COST) ADJ THERETO, BLK A, LA DELRAY BEACH, FL 33483- (RECORDING) HACIENDA, DELRAY, PB 15, P 6, 5922 PUBLIC RECORDS, PALM BEACH COUNTY, FL (1400 N FEDERAL HWY) CORNICHE, ALL OF PLAT, PUBLIC CRAFT DEV. II INC. $ 46.30 RECORDS, PALM BEACH COUNTY, FL 5910 N.W. 2ND AVENUE 70.00 (ADM. COST) (SE 6TH AVENUE) BOCA RATON, FL 33487 (RECORDING) LOT 3, BLK 2, RIO DEL REY JAMES GINESI $ 50.08 SHORES, PB 24, P 5, PUBLIC 363A BRICKYARD ROAD 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL FREEHOLD, NJ 07728 (RECORDING) (SE 6TH AVENUE) -4- RES. NO. 72-92 .. '.'1' , . . S'LY371.17' OF NW 1/4 OF WGI PROPERTIES INC. $ 98.65 SE 1/4 LYG N OF & ADJ TO SR C/O WILLCOX & GIBBS INC. 70.00 (ADM. COST~ 806 AS IN OR 2275, P 366, SUB 530 FIFTH AVENUE (RECORDING OF SEC 18-46-43; PUBLIC NEW YORK, NY 10036 RECORDS, PALM BEACH COUNTY, FL (2165 W. ATLANTIC AVENUE) ~ - - -- - - - -- -- E46.67' OF W448.33' OF N130' FRANCINE CLINTON $ 47.16 OF N 1/2 OF LOT I/LESS N25' 1501 N.W. 1ST STREET 70.00 (ADM. COST) ST R/W, SUB OF SEC 20-46-43, BOYNTON BEACH, FL 33435 (RECORDING) PUBLIC RECORDS, PALM BEACH COUNTY, FL (628 SW 4TH STREET) LOT 4, BLK 23, TOWN OF DELRAY, MELVIN SMITH OR ESTATE OF $ 39.42 PB 10, P 69, PUBLIC RECORDS, 215 N.W. 5TH AVENUE 70.00 (ADM. COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING) (214 SW 5TH AVENUE) LOT 1, BLK 2, FAIRLAWN, PB 25, L.E. & LILLIE M.STRAINGE $ 48.00 P 159, PUBLIC RECORDS, PALM 312 N.W. 10TH AVENUE 70.00 (ADM. COST) BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING) (127-129 NW 13TH AVENUE) VIOLATION IS; SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. -5- RES. NO. 7 2 - 9 2 " ,,' " . . . ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER M SUBJECT: AGENDA ITEM it 8R - MEETING OF JUL Y 2 1 . 1992 AWARD OF BIDS AND CONTRACTS DATE: July 13, 1992 This item is before you to approve the award of the following bids and contracts: 1. Fire Station No. 5 - J.W.R. Construction Services, Inc. in the amount of $646,699 with funding from the Decade of Excellence Bond Issue (Account No. 225-2311-522-61.57) 2 . Fire Hydrant Replacement - B & H Sales at an estimated annual cost of $24,400 with funding from Water and Sewer Fire Hydrant Replacement (Account No. 442-5178-536-61.77). 3. Radio Conversion to Unit 1.D. - Police/Fire Radio System - Motorola C & E Inc. in the amount of $31,748.85 with funding from the Federal Forfeiture Assets Fund (Account No. 115-2112-521-34.11). Recommend approval of the award of the above bids and awards with funding as indicated. '. ..... 1!' ..-.- " ~-.I r. ..:.. ,~. .:::' -=..;. J.l_l.00 .J"""'t.....'...l. .,... ..~.::::::.....;;:.. """ ..... .c... .....J =",,_" ..,.-J ... "-'...... .. , . n July 10, 1992 GEE & JENSON Enol neera.Atcrllt.ots. PlanrerS,lnCo City of Delray Beach Environmental Engineering 434 S. Swinton Avenue Detray Beach, Florida 33444 Attn: Dick Hasko, Acting Assistant City Engineer Re: Fire Station #5 Gentlemen: Bids were received and publicly opened and read aloud for the referenced project. Of the twelve General Contractors taking plans, all welve Contractors actually submitted bids. The Bid Tabulation Sheets and Register of Bid Documents are attached to this letter. We reviewed the Bid Packages of the three low bidders. The apparent low bidder is J.W.R. Construction Services, Inc. with a base bid of $646.699.00; second low bidder is Tessler Construction and Development Company, Inc. with a base bid of $654,512.00: and the third low bidder Is David Brooks Enterprises with a base bid of $668,800.00. All bids are within 7% of the Architect's estimate of $700,000.00, and the alternate bid prices had no effect on the low bid order. \ The Bid Package submitted by J.W.R. Construction Services, Inc. was complete and appears to be a responsive bid in accordance with the Contract Documents. We checked the references submitted by J.W.R. Construction Services, Inc. and asked each reference to comment on the followIng topics: 1. Was the Project completed to final payment within contract time with no liquidated damages assessed? 2. Was the Project properly manned and continually supervised by a competent superintendent? 3. Were requests for Change Orders and time extensions were reasonable and justifiable? 4. Was the quality of work good/fair/poor? One Harvard Circle. West Palm Beach. Florida 33409-1923 . 407/683-3301 . FAX 407/686.7446 &_'R.I. '. - - . . . , City of Delray Beach BId Evaluation July 10, 1992 . Page 2 5. Would the Owner/Architect usa their services again without hesitation? 6. On a one-to.ten scale with one being poor and ten being excellent, how would you rate the Contractor's overall performance. The references contacted gave favorable oomments in all aspeots of their working relationship with -J.W.R. Construction Services, Inc. and would recommend them on future projects. The telephone conversations are documented In the attached telephone memoranda. Therefore, based on our review of the Bid Package, the positive feedbaok from references, and the assumption that the City's legal staff will review and find the Bid Documents complete and in proper order, we recommend that J.W.R. Construction Services, Ino. be officially selected as the successful low bidder. If a further presentation of our findings and recommendations is required, we will be happy to be of assistance. :jtrUIY your"cj PIJJA Ti~lIIhan. AlA \ Project Manager TH:adb 92-237 Att. -.....----. .. . . . ',', - .... .. ,.... -.... .-,4 "1' ~~il;.i~ .-i 'I:!:! 'r::'~,~:~~~'::~'t~Si~~:~:~ ~::::~,~;!." .~',: U (; .c i~Ji:~;il;r~f~~~~~i' ;~~:~j~ .~:~. z u """"~l" 'In'.'.'t,'il' '...,..,,}' '", C .... ~ ';;:~~;~'~.W:~~g:~:~:~:t.:' ~~~!;~~~ ~' ! !. oq; ,;",,,,,,~,>,,,,,,',l..~.',,,,,,,, "';'\"." , . '.'.'.~I".:~"'lo<'''''' >'." ',l ' '6' ~~~;j; l~l.~t~~t ;,i;, '!it: ~ ct i11i jt~~~' ':::~\:: :::~.'i... . ,~~~;; li:;- . ~~i ~~j i~ .~i:~if.t[j; " ,':,.....'.' .,...'. ...~' ..~.,,~,",i:. ..."'ij.".':.. ~ ..ic:....~~. :~:. ::~l:~ :~..~~~-:E;~:. ':,\~ :'~ , , :'~"'~ .'.... "t" ~. ."-, , ':!i'~ .,~~~~. "~:II~ l~~ ,.; ~.~.,~. 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""""".'..'"""" 8 sa ~ f ~ ~ 11 ,..iG~[~j.i:[~;i::j:;t'. i' ~ :- ~ j. i ~ ... ~ ~ tj '~:;:~::!;:a'!:::i;j~~(' ~ a : . ~ ,i &J :...~'i"'..".,(,....:,.,," ~ I::R .. ti3 EC ~ j tj'!;li!.:, ::r,;!::i;; 0,. M. . :E i:: .. ~ ~""." ."; H. . ~ ~ lti ~l '.~...'.j.;~.. t!'i!'iJ~ ~ j ~ ~ ~ ! 11 t ~ ~ ~ ~ ..: .ro ~ "I"'~'li..,,,"_,. ~ ~ ti __. ~&l. I,:. . ....llJ. :;"'\:;,'::i:i<:;;~il:;"~:::': Cl loLl :.;: .. .. tn ,~.;~:ji:~hj,.:~Wth 1 u:l i '1" ~ i J tI):2: I ~ 1Il'1;; '..;::;ih;irJ:;:;:~::.~\; ~ ~ :J; ~ ~ ~l~\: -? It 'i"',..,,',....,' 8 .. g . ~ -::; .~ ~ :: :~~;t!!rtr..;.<~~:!..: .... ~ ~ ;qt m .... OJ ;Ii; ,,_ '__'M.'_ ~..__~.__~_ '. - --'"- - - --. -, - - '-' --' "-" - - - - - . . ' ' telephone memorandum project no. 92-237 date: July 10, 1992 client: City of Delray Beach project description: Fire Station #5 . between: Tim Hullihan and: Susan Kuzenka, B.C. College subject: Reference Check on J. W. R. Construction ... discussion: 1. Was the project completed to final payment within contract time with no liquidated damages assessed? - YES 2. Wae the project properlx manned and continually supervised by a competent superintendent? - YES . 3. Were r~ests for Oiange Orders and time extensions reasonable and justifiable. - YES ., 4. Was the quality of work good/fair/~r? - GOOD S. Would the Owner/Architect use their services again without hesitation? - YES 6. On a one-to-ten scale with one beinq pOOr and ten being excellent, please rate the Oontractor's overall ~formance. - 10 b.J distribution: 0 0 0 Cl GEE Q..EI\ISCI\I Engineers-Architects-Planners, Inc. .. - ... ,-,. ...;.,. ~ .. "-' . -- '-' .. ... - - - --. - - - -.. ~ - r . telephone memorandum project no, cn-217 ALl ... IIll>.l.d ~. .. date: .....July 2J 1992 client: City of Delrsy Beacb . project description: Fire Station #5 . between: TIn) Hull than and: R~ck Allen. Project Manager w/Barneett Bank subject: ~~f~rp-n~A Ch~ck nn J.wJa, COQAt.~u~tlQn .. discussion: 1. Was the Proj~c~ completed to final payment with!n contract time with no liauidated damages assessed? Yes --.Z1l Wa~ the Pro)ect properly manned and continuall~ supervised by a competent 8uz;?~rintendent? Yes '1. Were raauest~ f9r Chan~e Orders and time extensions reasonable and jueti- fia'pl~? Yes \ ll. Was the Quallt~ of work ~ood/fair/p.oor? Good I). Would the Owner/Architect use their services again without hesitation? Yes 6. On a one-to-ten scale with one being poor and ten being excellent, please rate the Contractor's overall performance. 8 d1.stribuUon: 0 0 [J 0 I3EE &..ENSCN Engineel1-Arc:hitects-Planners. Inc. ..- ,..._-,-._--- . c. .' telephone memorandum project no, 9'-::'37 " J'- date: July Q, 19Q~ I cHent: City of Delray Beach project description: Fire Sta.tion #5 between: Tim Hullihan and: Bob Tuthill, Architect subject: Rgference Check on J.W.R. Construction . - discussion: 1.Wae the Proj~t completed to final payment within contract time with no liquidated damages aeeeaeed? Yee 2. Was the Project prope~ly manned and continually supervised by a competent superintendent? Yes _ J 3. Were reQue8ts for Change Orders and time extensions reasonable and justifiable? Yea \ 4. .Waa the Quality of work gOOd/fair/poor? Good 5. Would the Owner/Architect use their services again without hesitation? Yes 6. On a one-to-ten ecale with one being poor and ten being excellent, please rate the Contractor's overall performance. 9 IT distribution: 0 Cl 0 0 GEE &-.IENSCN Englneen-Arch1tecta-Plannen. Inc. ,. --"_..,,"- " MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager/ Administrative Services FROM: Ted Glas, Purchasing Officer ;//~ DATE: July 9, 1992 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JULY 21, 1992 - CONTRACT AWARD - FIRE HYDRANTS - TERM CONTRACT Item Before City Commission: The City Commission is requested to award a contract to B & H Sales, at an estimated annual cost of $24,400. Per the Finance Department, funding is from: ( ) . Background: Funds are allocated in the Environmental Services - Public Utilities budget to purchase five hydrants. A total of $ is budgeted for fire hydrant purchases. Fire hydrants are available via Palm Beach County Contract #92-037/MH, per attached documentation. The Deputy Director of Environmental Services/ Public Utilities has reviewed this contract, and recommends award, per attached memo. Recommendation: Staff recommends award to B & H Sales, at an estimated annual cost of $24,400., via Palm Beach County Contract #92-037/MH. Funding as outlined above. Attachments: Documentation on County Contract Memo from Environmental Services pc: William Greenwood George Abou-Jaoude g~2.. 'f M E M 0 RAN DUM TO: Jackie Rooney Bid Specialist FROM: George Abou-Jaoude Deputy Director/P.U. SUBJ : FIRE HYDRANT CONTRACT DATE: June 30, 1992 I have recently submitted to your office a copy of the contract that Palm Beach County has with B & H Supply for fire hydrant purchases. Our office has no problem piggy-backing on Palm Beach County's contract. We have been working with B & H Supply and are pleased with their performance. If questions, please feel free to contact me. GA:pw cc: Michael Offie, Supt. of Water/Sewer Network FILE; Memos To Purchasing Department GAFHYDRA.DOC ._~- - - ,- -- ---~-- ADMINISTRATIVE OFFICES: (305) 855-8598 P.O, BOX 590148 11114 SATELLITE BLVD. B H ORLANDO. FLORIDA 32859-0148 ORLANDO. FLORIDA 32821 DISTRIBUTION CENTERS 11124 SATELLITE BLVD.. ORLANDO, FLORIDA 32821 1305 I 855,8510 1101 W, 17TH STREET, RIVIERA BEACH, FLORIDA 33404 1305 I 848,4396 2143 26TH COURT. EAST. SARASOTA, FLORIDA 34243 18131756,8765 16601 OLD U,S, 41. SOUTH FORT MYERS. FLORIDA 33912 18131 267,2262 8963 PHILLIPS HIGHWAY, JACKSONVILLE, FLORIDA 32224 19041262,2502 SALES -- ,-- City Of Delray Beach 100 N.W. st 1 Avenue Delray Beach, Florida 33444 Att: Jackie Rooney June 25,1992 B & H Sales will be more than happy to extend to you the prices we quoted to Palm Beach County on their Annual Fire Hydrant Bid. When ordering just let us know that this price agreement has been extended to you. Thank You, / I I 'L -~I, , , (d::', ~ ~u I_~~\ "- Robin J. Weiss Customer Service Rep. USG SOUTHEAST. A DIVISION OF CERTAINTEED CORPORATION \. ~ W N ~ ~ . . t-4 t::I ..., >-oj "':I >-oj t-'. t-'" 1-" 1-" - ~ ~ ~ ~ ro ro ro ro t::I I.C ~ = = = ~ N ~ ~ ~ ~ ~t-4 I ~ ~ ~ ~ n~ 0 ~ ~ ~ ~ ~~ W ~ ~ ~ ~ t-4 ~ I~ ::I ::I ::1::1 "d I...... rt rt' ~ ~ ...;j - ,::I: ~ ~ ~ ~ H 1= 0....... ~ ~ W W :;;;: Q;) N 0'\ 0 . 0" 0" 0" 0" = = = = 1'1 ~ ~ ~ ~ "< "< "< <h <no <no <no - CO U'\ .,. < o ==- ~ 00 ~ ~ ~ ~ 't1 &; 0 ~ ~ ~ ~ ~ ~ l:I' U1 - ~ If ~ - ~ ~ ~ ~ : uJ c 0 t::l c:: . ? 0 ~ i: o 0 0 0 ..; ..; ~ 0 - t-4 t-4 V 0 0 N --5 0 t:" 3: t"J .. tn ~ ~ <no ~ > : ~ ~ g -~ fo~ If) <~- CI3 ~ z n , C'- ....0 8 g ~ ~ ~ ~ . rJ> (/J ~ ... I~ ~' ~ u, C (f\ W I: ~ . 10 . ~ ~ ~ ~ ~ ..., fJ - f" <: ~. to] CJ1 cr ~ ~= CJ1 0 0 0 ~ ~ ? 0 0 g ~:~ o 0 0 ~ llA o ~ ' '<.- ~ ~ ~ ~ )..> U) - 0) .,. r. <: . to] 01 0 IN :0: 1i\ ~ ? S _~ ~ () o' 0 0 - o 0 0 0 U't "._,.._...~ .------- ,. 80ARD Of COUNTY COMMISSlONEK$ Palm Beach County INVll A liON FOR BID NO: 92-037/MH BID TITLE: Annual Contract for Fire Hydrants PURCHASING DEPARTMENT CONTACT: Mike Hauer TELEPHONE NO: - (407) 233-1515 All bid responSlls must be receiveod on or b/ltore 3/4/92 . prior to 2;00 P,M,. E,Q S T. at which nme al! bids will be pUblicly opgned aM read, SUBMIT BID TO: Pllm Beac:I1 County Purehasinll Depanmenl Four Polnl. Cent.... 50 So. Military T...il. Suit. 110, Wnt Palm Baach, F1. 33415, INVITATION FOR BIO This Invitation to Bid. General Cor.ditions, Instruc:tlons to BidderS. Special Conditions, SpliCifications, Addenda and/or any olner pertinont Clocument torm a part of this propoui IInd by relerenc. art made a pari thereof, PURPOSE: It is the purpose and intent ollt1is Invitation to s&OJre bids for ilem(sl and/or services as listed herein, GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS ....................................................................... 1. I.'l~N~RAIINFQRMATIOO These dlxumelll5 c;ot15Ctule the COITlllell set 01 SQ<<iftc:ation ~ IIId bid IollTll. Bid PropouIl8!POI'U is spediations of tile lams bid ~n, Ally devialion from splC~i;.alions listlld htrtin mlAl be clNrly mc.attc lobi 'illlllin, signed, sealllllartd fIlum811wid,lha enclosed a~ lIbeIalfilldMarillothtbklllumber and mai8d OlhIrwiM l will be c;onlll<llllllCllhat ~ams onertd ara in stric:t corrpllll'Q w~h 'II-. ~1lal'B, al'd ... I)l' ~"18d 10 the Puttha;ng Depar1menl on Of bIIore tilt SI*ihd me end de", sUCC8llful bidder will be held rasporstllt 1htIefora; deviatiOna mUSl be uplilned in daldon an IlUlChad slweI(~ and i1emiZed by number, My i!am or klms thll do not mHl Counry spaI:~i:a~ore \4lOn delr..,y WIll no! Ilo ~ is soIIlVSIlOOst)llY 01 the bidder to II&ft that his or her bid rlllldles the PutdtU"ll o.pa~l!lII'Il on or c.ror. tha accep18d and ~ the lam CII1not be broug/lIlC)1O spacific:alions in a t~nable time. till bidd... wil bt roeq....... dos,"O Ga. and ime, The County IIlIW in 110 MlY be ~ lor delays GaUII8d by Iny ollllr QQ:;Urrtn(t, ~e" to colTlpClnsata lha County for dilltllllCt in price anlliltd in QOino 10 thl reX! low bidder, by wllp/lonl, ~m or faairlila shallllll be 1CXJIplId, .,~ The bid'ima lIIJIl be and sllallbe ~ obaelvad, Under 110 QIQlmstallC8l shall bids delvtred ahtrlllt ima Whera mort ttwl one ~.m is lisled, any .aml not bN:I L4lO/lIlllI be indicallld 'NO 810., . ro l1Ima 118 bod or spedfllld be cor$dftd, Such lids lliM be rIIUmed 10 1111 vllIClor ~ed, lha "StaliltMllof NO 8/O"sIlculdbe IfIUItI8d. fthlhe anvelllpepllinly m&tl\ad"NO 810. ancllAh IIltbiln...u, AI tidsllUl be typlllriltlln orwlill8n in Ink, end 1M! be signlld In ink by an olIic8r or ~~.. having II4hority 10 FailUlt 10 do III wiiI be an indica1ion lhalllll bidder do.. no! wish 10 be considered lor 1l11li" bide, binc! ill 00ft1lII\Y at 1m\. 7, NON.axJ. USl1H Biddats slla. not be allon:! 10 mocify tnair bids", till cpelltng W and d:.Iil, Bid IIeIIIIIY be &Inned duling IlOftIIII WOftUng houlS. aItIr lid cpening, by ajlpcintment ont,. Beida< cerllfllS thai tlis bid is madt wiII1o~ prior unders:anding, agreement, or c;onnac:tlOn ~ arty CC/llO't~ llnn Of ~ $\iltMIing I bid lOf the same ma1erialB, saNUI, $~l.. Of equi;lmett and is in al r&IptC'.S fa For intonnalion gJIlGemi"ll1Ilislid, please c:onlIct Ind wilhout cobion or lraud, PIIm Ilea:;h Counly Plldluinv Otprmlanl No ptamiuma. Alb.... or gralU~1lII pe""ittad; tither Wllh, IIrlOrlO or aner illY delivery 01 mllerial or lI~iaIOn , FOUl' Pards Cllira, &D So. t.IIltllyTr,. 5uiIe 110 MlVictl, AI\y~ vioilliln may resul" contract canc.Nllion, rtlllm 01 mo1tanals or disa:II'1iroaJion at..Mea Wilt Palm BeedI, fl 3.'W15 and 1hlI posse'- removllllOlll !N! YII'dor bIllisI(S), (<107) 233-1500 8, ~UCT OF ItolTEREST 2 PRICE I nFlNFRY Ttle o1Ward ill subject to ptOVilior1l oj Stare,StalUlIs and CQunty Ord>nancas, All boddel1 "'UIl eisc.. Wlh tlw Priot ql.GIad 11\1. be lIlaplioe lor newmal\:handil8lnd frMlromdalecll. Any bids Cllnlainirw;! mocilyi"ll 0I'"esCa1a1Ot" bid lilt nama 01 allY oIIicer, ihctor, at IQIIllwtlo ill also an emtlloyaa ot Palm BeachCooo!y ~UII~r, ail bidder d~ ,II not be con;dettd unl&es ~., rwquell8d in the lid spe:iklliolw. illI.lIl diIdou the name 01 any CQtrt( ~Ioyaa who owr.s. directly or indirtctly, an nertSI of tan palttllt (1 ( or mora in tile Diddt(s ftllll or any of I'S brancl18s. '~WA" II herein usad mealS_ accapIInca by Palm !laacfI Cclunly ... tlM Ilractor 01 PutchasinQ or his aAhaitld 1~lIlt has, by in~ or llIlt at8llCh iWl!W, dtttminad flit tMy l.tllr ~. ....1pId1alians. g, LEGAL REOUIREMEtolTS DaIv... or aN ilBl1'tI Wil be made lllOClI1. potIiblt, In lhe 8Rl1llpria& blank on fit bicllonn. tilt vendor IT'IJSl Ftdnl, SIa... ClIJIlt\' end ioco1llaws, ordlll~, lilies and l1Igula~ons that in any /TIilIlntr allec1l/la ~Ill'& C1Mrt incbte tha bast daiva'Y dale. **rI d OtGtt, DallveritI ""'1Iil91rotn till. bid .. to 1111'l1li during th. hnin~, l.D ~ iUlowIedge~ thtbicld. ~in no way be. cause for raief lrom raspOl\5Ol1y. IltIllIII WOrllng heulS 01 the County. TIIll8It altll....nc..nd NbiddndeWery _1IIlS be ~ed and acIlarad 10, Should tN! we..., \0 lIllorn tilt onler or eonna Ie aanlad.lailto dliivtr on orblloN hiWller stal8d 4a1t, 'l v.1'Ido~ cIoing bus_ willl tile County art ~1'cbit8111rom dilc4irrindllC lIQainst.1ly t/T1llOyee, ~ ... Cciunly _lVes lIlelight to CANCEL tile Olll... or CDIlnct IIIlIINIk.e 1M ~ tIlewhn. The!lUCC8Slll ordillllllei:.:Ufof ra, CIIId, allor, na~"Ol9n. MIl, or eve Ilth ragatd lO I:ut nolllliled to lilt IoIowin! biddtr(s) sllal be responlliblt for making any .nd at cleilN apn. a1rinlor ni&ling or damIglId RIITII. e~mtIW plaC1c8l, 1I!aS II pay or lllhfI' ~SiIlion methods. .nel hini"91tlea1on. 3, FEDERAl AND STATHAX 2) MnoriIy 8~ E/ll8IIllisa (MIlE) ~..1ui1l8ll1f1ity w~.idl is owned 1l'1li ~ by 11l'i~ ! 1M inaa, ninoriIy grwp mallCartll..OU8lll oItIIt Uniltd Stal. OIlawlultt Id!l'i~ed pemlIIl8" rwidenI Palm BaldI Coul'lly IS UI/l1llIrom Fedel'll nI SQlI Tuas far ~ pn:NI JlIOIl8l1r, n. [Ker;lOr a/ Plrd'iISIlgwil who art Blacks,~. Women, Naive American!, Atlan-llaciflC, Asian-Indian. and al9b1a OlM I &91 III el~on CtI1b" SlbIiIlld ~ tit ~ biddIt', Venon III ccrncb'S daing lIusinass ..., p,m Belch otatned inAdrrinislmv, O.w 1.ll MnoilyOWlllld busi_ .shlnglOpe"~.inhCOl.fllyptllQj Calrtly WIlI'OlIll'I~ m PiMlso1ils... ~..... SUIlIlIin Ilr IIlIlIriats III "'51 ~ _lionI wi.,.... ment ~ rilly coruct Ill, Purtllasi"9 Oapanmant lor inlOl!llllOll and UliallCll, (A,ny.l'IlrshIJI "'f Vtndor.<:n1dOr be auhriZtdllluu iw CIxJnly's Ta &.. NImlarWl ~ lIlch ItliWS, 3) InCllmpiiallCll wihFIorida F'ItlIic EmilyCrlme Staw (Seetion 281,132,133) o1Ilo1l:hedStiWFOlT'lIlPUF { <l ACC!;PT~IRI=JI=CTICN 7068 sl'oul:1 be hAy 'lee~td. notaIilld and slilmlled wKh bid "'POf'SI once ~I ~ ""', N ~ j Hard Iftl be tllCllltd wilh IIl\I pallO" (JIIlttlllatt ide,.,iecl on !he Dapartmanl 01 OeneraJ Se~ ~. Palm Seidl Co..nIy _IS ... ~ 10 IOCIPl lit 1II1'1jac1any ot all bidllnd ~ ... I*WlO Nt blddtt, who II iw 'tllIwic:I8d verdOf Iisl. Tllis lISt Is defined. Clll\I8t~ 01 persons and alfilialllS will are disQuai'e Cllriln 01.. CCll.f1lW wit be in .... bait inlII'MI of 1fld1t)<"1TU1 alt./dgeu 10 tit CMly. Pam BeICtl CMlY N fl1)l!1 Plbfc contrlCllng an; P!KhuirG pIOC8u beeallSt lhey htvt been found guilty 01 a plbiC ... -.... ~lO"iIClN bid alllly vandorwho his prNculirlliladin hllfOl* patlOllllMlCl aC III h11Il1C1f 10 IIeivtr crime, Ito ptillic anlily wi ,WIld any COlllll:! 10, Of Illtl5aCl any business iI.&CaSI of IN! IlnehM on ""' ~s oIlllrri111 na '" or who is no! " . ~~ 10 pII10rm propllly IIldtr tis IWn. Palm Belen Qxn, amollt provi>>cl In Section 287,017. Florida Slall.ClS lor Category T we (CUIT'Inlly $10,(00) wtil ...,. ~,.,. "'~1Il i1Il*llll faciE,.. ol~ ilonlar 10 makt a o.1Illl'iNion IS tohloragoing. Palm Baldi Colnt parJOll 01 aIIIiaJe on IIle 'convic1ed wnclor" /ill for. Pariod oIlhitty.S4l( (36) mortre hom It1e d.- ltW _IS ftt rVllO 'NINa ..y rfl9Jarii.. and lIdvicaIilial and rilly. II it's dsat~.r~ alNid. pellCll1oraftiill,wupQdontlll'~dvendOr" lill unlass lIlitparsonorallllaJe hubMn rr.oow S. AI TFRNATIVFSI APPRClVl=n FOIJAI. I Df!VIATIONS lrom IN! IiII ptnUlllI to Sec1ion 287,133 (3) l1) Fklrida Stan.18S. Unl&Is odltnoOse ~ad. tht manlion oI11ie I*1cuIar maAJlacU8(t bland name or IIJrrter in llie ~calona 4) In compliance W!tl'I Palm Baacn CoU1ty Odinance eo.13. Ii BiddB1Ull'" to the followlnll is a p~ c:ondilion to cortllCl nard: .~ not i~ lhelllis~ productia tile onIr one ".wilbe corMtredfor purchlM, Tlis -..nce is intended 10 designate lhetypt or qJalty 01 metdlandiIe Ill. wi. be acceplable. AIItm.e onlllS Ii"bec~sidarlldanel AI "Perts submitted 10 IN! CQIII1y by I c:ontJ.a flllJUmanl ot connCl obflgatiore slIIl usa "8CycII .nc:l.da ~ I\lIr;I\n and/or epeakaliont. FlilUlt to ptWida ~.1teraaInt lnellOl' specke~onl papat' WIlen it is'VlilaOle III IIasonablt il'lCe and 0' MlisflGtOty quallylO mall cortrlCluaJ paf.CImIIIl< ."aflll" ofIM may be c::ue lor diaqualiiclrion rj 1Iie bid, t1IllCIaI*, Forpc.a'PO*oIllli1ll11IQl1Ph, tlllllrl:e at recyc:1ad pa;IIr shalbe considartd'ra.uor.abo Tlledelermir.aion lIJ Ig IIlIatIKIr an, iI'IamIlllClr(lO,jC\crllMe.!,arhlllll '"l'mlhllla.lrala~ Palm He...hCwnlJ ' Q *. no mortlhln 10~ hillhar 1han tile IoWlllll prial oIferad lor non-reqdld paper. and Sldl doloImina~ 8IIaI1le lllallftll ~ "'* II ~ Rapotli ~~to 1111 COU/IyllYCOfll'aClOISlhalUM Ilatilsidlls gl P4IllIr shlJlllS wI._r~jL-:i:.lti Ai~h VIa BoII'It d Cwnty CormiMiIll*t plQVitM lor the alNidelaion 01 aillamale bids. it lWNtI tilt igllt III make Ill_I'd in-N batllnlMll 01 the Cal~, $t.dIallllld IIIIY not JIIllISYIiIy be giWIft 1Il111e w.t tiel oIIerId, ~"lICIll" an.I Dt /ISPQflSI)lI1or rnaRlin~ ~ dIlcII"""lf9'&9 of lICytl<<l papal br ,. The bidder.1 be I'Ml/OfltiOla lot _cing VIlY CMIW" and undaoSandlng ~. fill ~lS and 1M slbrMtlld to the Caurry in hjfillrnent 0/ CllIIIIf:IUII 0Il~~. C001l1C\)l11/1a11l,Olnn SUC/l /tCOfGI till CouIIy. . NQUlIId '. ~ -- ~ BID PROPOSAL A ~ H Sq It. BID '92-037/KB ... ITEM UNIT TOTAL OFFER ~ DESCRIPTION QUANTITY ~ F.O.B. DEST. 1. rire Hydrant. 5-1/4", 30" bury, 10 each S 479.73 S 4797.30 Claw Medallion, or equal. Kfg./Model:Mueller!Centurion 200 #A-423 2. Fire Hydrant. 5-1/4", 36" bury. 35 each S 492.59 S 17,240.65 Claw Medallion, or equal. Kfg./Kodel:~eller/Centurion 200 #A-423 3. Fire Hydrant. 5-1/4", 42" bury. 10 each S 508.33 S 5083.'30 Clow Medallion, or equal. Mfg./Kodel:Mueller/Centurion 200 #-423 4. Fire Hydrant, 5-1/4", 48" bury. 5 each $ 516.05 S 2580.25 Clow Medallion, or equal. Mfg./Kodel:Mueller/Ceniurion 200 . A-423 TOTALOrYER: S 29.701.50 DELIVERY: S"TI<; / A~""'!> . , TEIUfS A/I/O: u...'" \C~~ 11 Is a notarized Public Entity Crime Affidavit on file with Palm Beach County Purchasing between the dates of 01/01/91 and 12/31/91. per Term and Condition '9? (If yes, no additional affidavit is reqUired.) YES~ NO_ Is Schedule ot Subcontractor's Form included, per Term and Condition lIS? (Not needed if no subcontractors are used) YES _ NO _ tV A -.!!!!!!- Is Information/descriptive'literature included per Term and Condition' 42 ? YES *** NO - Is Warranty Information included, pe~ and Condition I 45 ? Y!:S~ 110_ - IS K/VIIi SCHEDULES 1 , :2 COKPLE'l'ED UD INCLUDED OR A SIGNED STATEKENT or NON- K/VB! PARTICIPATION FOlK COMPLETED AND INCLUDED, PER TElK , CONDITION I_~? YES -:..-:.'* 10 _ VENDOR REPRESENTS THAT HE/SHE IS A PALM BEACH COUNTY CERTIFIED: Black Minority Business Enterprise () Hispanic Minority Business Enterprise () Other Minority Business Enterprise () specify Women Business Enterprise ( ) Non-Minority Vendor (~~~) - - _. - - - - - - - - - - - - - - - - - - - - - -- * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SII1LL BE CAUSE FOR REJECTlOlf OF YOUR BID) NAME OF FIRK: B & H Sales BY: Steven P. Loner 03/02/92 * (f~ r'llIu~ -.... Iltltl. : . . ~ ,~ Customer Semce Hl,ut " " UIllt' ADDRESS: 1101 West 17th Street, Riviera Beach, Florida 33404 TELEPHONE: 848-4396 STATE LICENSE I COUNTY LICENSE I Of ..,,(curt) :11 u'!:;uit) CITY LICENSE I 330216089001 LICENSE TYPE: (I' ,"lIull.1 - .~ M E M 0 RAN DUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Managerl Administrative Services FROM: Ted Glas, Purchasing Officer .1// DATE: July 14, 1992 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - July 21, 1992 - BID AWARD - BID #92-38 RADIO CONVERSION TO UNIT I.D. - POLICE DEPARTMENT Item Before City Commission: The City Commission is requested to award a contract to the low responsive bidder, Motorola C & E, I nc. , at a cost of $31,748.85. Per the Finance Department, funding is from: ( ) . Backqround: Funds were allocated in the FY 91-92 budget for this radio conversion. A total of $ was budgeted. Bids for this project were received on April 28, 1992 from three (3) vendors, all in accordance with City purchasing procedures. (Bid #92-38. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The low bidder, Baker's Communications, I nc. , did not include the complete cost of the conversion in their bid price. (Note copy of their pricing structure. ) Their bid is therefore considered unresponsive. The second low bid was submitted by Motorola C & E, I nc. , and is complete. The Police Department has reviewed the bids, and recommends award to Motorola, per attached memo. Recommendation: Staff recommends award to the low responsive bidder, Motorola C & E, I nc. , at a total cost of $31,748.85. Funding as outlined above. Attachments: Tabulation of Bids Memo from Police D~partment Pricing of Baker's Communications pc Chief Overman ~~.3 '. ~ Delray Beach Police Department (.~~ ~*~4 300 West Atlantic Avenue · Delray Beach, Florida 33444,3666 . ""1. RICHARD G. OVERMAN (407) 243,7888 Fax (407) 243,7816 Chief of Police MEMORANDUM TO: David T. Harden, City Manager FROM: William H. Cochrane, Major ~ / Administrative Bureau THRU: Richard G. Ove rman, Chief of Police THRU: Ted Glas, Purchasing Officer DATE: July 9, 1992 SUBJECT: BID AWARD/RADIO CONVERSION TO UNIT 1.0. Police Department staff has completed review of Bid #92-38 regarding the installation of enhancements to the existing Motorola Police/Fire radio system. By way of an RFP and subsequent bid process by the Purchasing Office, bids were sought to install a "Unit I. D." which provides tha Communications Center with immediate information as to which radio (officer/employee) is transmitting. In reviewing bids, the low bidder (Baker's Electronics and Communications, Inc. ) failed to include the cost of modifying portable radios. We recommend the bid be awarded to Motorola C & E, Inc. for $31,748.85. They installed the present system in 1987 and have continued to provide excellent maintenance and technical support. Adequate funding is available from the Federal Forfeiture Assets Fund (115 2112 521 34.11). Your consideration is appreciated. An Agenda Request is also attached for City Commission action. 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" 0 -I 00 N :;; ~ 0 .... . 0 ::z: ~ .. < 0 It ....0 "Cl gs ~ .... - ... ::I It "" n ... ,.. ::s III I-' .... n :It :r - 0 ...... ::I 0 .... . is 0 lit . < " Q. 0. ~ ~ ::s I-'It It It .... 0 " 1-''''' "" "" . It ~ .'< ::I " I ... "...., "" It g 0- I::! .... - .... III "" 0 III It I '< "" ~ ~ Q. I::! ... >- ~ o~ . w .... '< 0- .... III ~ '0 I I ::l C I 0 0 ,.. ~ ::I ..... .... I I .... .... "" I .... N " C ~ III '< 0 \8 ... 0 ~ '. ITEM 1 - 240 ~I-U ENCODERS WITH ST~OARD $79.00 $18,960.00 INSTALL BASED ON NOT REPLACING FRONT COVER, 00 NOT GUARANTEE THAT lJ'o4lT WILL FIT lJ'o4LESS COVER I S REPLACE. COST OF REPLACEMENT COVER IS BETWEEN $10.00 TO $160.00 ~D ADDITIONAL $10.00 LABOR TO CHANGE OUT. 2 - 2 DISPLAY UNiTS DECI10 $599.00 $ 1,198.00 3 - 2 PRINTERS $399.00 . 798.00 2 VIDE::O DISPLAY MONITORS $199.00 . 398.00 4 - 2 PRINTER INTERFACE INCLUDED WITH DECII0 ======--===:c=a=--=c::::a=wr---..--~~ -: '-1 __........~-...:=~-====~----'e TOTAL PARTS AND STANDARD INSTALL . 21,354.00 -.--0- ,. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM it ~5 - MEETING OF JULY 21. 1992 AUTHORIZATION TO SUBMIT GRANT APPLICATION DATE: July 13, 1992 This item is before you to authorize staff to submit a grant application to the Florida Department of Health and Rehabilitative Services Office of Emergency Medical Services for funding in the amount of $127,500 to be used to purchase two Emergency Rescue Vehicles. This is a 75/25 matching grant program. The total cost of purchase for the two Emergency Rescue Vehicles is $170,000. These vehicles will replace two existing units with no increase in the size of the fleet. The City's 25% share or $42,500, will be requested in next fiscal years operating budget. Recommend authorization to submit a grant application to the Florida Department of Health and Rehabilitative Services Office of Emergency Medical Services for funding in the amount of $127,500 to be used to purchase two Emergency Rescue Vehicles. ,. ._-."~.-..._---- ,. MEMORANDUM TO: David T. Harden, City Manager FROM: Kerry B. Koen, Fire Chief /1 DATE: July ~, 1992 SUBJECT: REQUEST TO SUBMIT STATE E.M.S. MATCHING GRANT PROPOSAL As you know, the City of Delray Beach has been an active participant in the matching grant program through the Florida Department of Health and Rehabilitative Services, Office of Emergency Medical Services. Over the past five years, we have obtained over $224,000 in grant funds from this source. These matching funds have assisted in expanding and improving our EMS capabilities. New for this upcoming grant cycle is the match requirements. The City will now only need to contribute 25 percent of the total project cost and the State will provide the remaining 75 percent. This year, we are requesting City Commission approval to submit the following grant application. Items: Two Paramedic Rescue Vehicles Grant Funding Request: $127,500 05%) Local Match: $ 42,500 (25%) Total Cost: $170,000 (100%) We are requesting two paramedic rescue units configured for transport capabilities. During the course of this grant period, the Delray Beach Fire Department will receive its Transport Certificate from the State and County. These two rescue vehicles will allow us to transport patients in a safe and efficient manner. This grant requires a 25% match of local funds. The total cost of the project will be $170.000. The $42.500 in matching funds will be requested in next year's operating budget under Capital Replacement-Automotive. These units will replace two existing units with no increase in the size of the fleet. It should be noted that this proposal is in general conformity with the public facilities element, objective D-1 of the City's Comprehensive Plan as amended. This proposal was developed with the assistance of the City's Grants/Training Coordinator and Division Chief Trawick. DGR/EMS93 V~ b, \L- - attachment Kerry B. Koen Fire Chief ., ID Code to be Assigned by State EMS Office: MZ _ _ _ Florida Department of Health and Rehabilitative Services Office of Emergency Medical Services (EMS) MATCHING GRANT APPLICATION l. Legal Name of City of Delray Beach for Agency/Organization: Delray Beach Fire and Emergency Medical Services Department Name and Title of Grant Signer: David T. Harden, City Manager Mailing Address: 100 N.W. 1st. Avenue, Delray Beach, Florida County: Palm Beach Telephone Number: (407) 243-7010 SunCom Number: 928-7010 2. Name and Title of Contact Person: Douglas R. Trawick, Division Chief/EMS Mailing Address: 101 West Atlantic Avenue DeIra Telephone Number: (407) 243-7440 SunCom Number: 928-7400 3. Legal Status of Your rascal year: Agency/Organization: (Check only one) 1 Oct. 30 Sept. - Privale Not for Profit (you Il1UIt provide copy of cel'lificale) BEGINS ENDS - Privale for Profit .xx... Public 4. Agency/Organization's Federal Tax Identification Number nine digits VF L -L ~ JL ~ JL l...Q... JL 5. IdellCit)' che one ..le plaa objective dIiI project primarily addre....: Objective I: 13.5 6. Type of Project: (Cbeck only one): - ConununicatiOlll _ ContinuiJw Profeaaional Education (medical director must aiaR llem 16a) xx... Emeraency TraIIIpOlt Vehicle. - Public Education - Syll&m Evaluation/Quality Auurance - Reaearch - Medica1/Reac:ue Equipment (.ipturea required for llema 16b and 16c) Doe. your project include the purchale of any conununicatiOJIII equipment? yes XX No HRS Fonn 1767, March 89 1 -_..,._,- ..---.---,- ,--.--.--- " For both the need and outcome statements: include all available numeric data, the time frame for the data, the data source, the number of people who will directly receive project services, and other information which clearly identifies your need and expected outcome Cor this project. 7. Need Statement (use only the space below): According to the Delray Beach fire rescue log for FY 90-91, we responded to 5391 medical assistance calls within the City limits Forty-one percent (2231) of these calls required transportation to a hospital or trama center. The Delray Beach Fire Department is receiving its Transport Certificate from the State and County within the grant year and will be the sole transport agency. These two (2) rescue vehicles will allow us to complete this task in a safe and efficient manner. 8. Outcome Statement (use only the space below): We will be able to expand our safe and efficient transport to approximately 1114 patients by providing these two vehicles. This equates into an approximate increase of fifty percent over our'existing service within the Delray Beach City limits. Current existing rescue vehicles will move to back-up or reserve status. 9. Improvement and Expansion oC Prehospital EMS. Describe how your project improves and expands prehospital EMS. Also, show how it builds coordination and cooperation with other EMS systems. With the approval of this funding request, we will be able to provide safe and efficient transportation services to approximately 1114 patients during FY 92-93. This will occur in approximately fifty percent of our responses with the remainder of our fleet handling all other requests. This course of action is consistent with the Palm Beach County EMS System. 10. Research Projects Only: N/A If you are !!!l! conducM, a relellrch projec;t, Kip lhia ilem and JO to Item 11. If you are conductilll a relellrch projec;t, attach at die end of die application coaci.. ..lemelU of die hypothcail. deliplmelhod, inatNmentl, melhodl to protect human IUbjec;ta, any limitatioau invom. the ltUdy, relellrcb iftltrUmelU, fOl'Dll and IiIliJIII of other relevlftlllUdica. 11. MJYor Work Activities and Time Frames (Use only the space below): TIME FRAME 1. Bid process 2. Construction phase 3. Acceptance of units 4. Begin operations (Within six months of grant award) PLEASE NOTE: No new purchase of radios will be necessary for these rescue vehicles. Radios will be used from older fire apparatus previously approved by the Division of Communications. 2 '. APPLICANT State Cash Grant CATEGORIES Match Funds TOTAL 12. Salaries and Benefits: N/A ~TALSAL~andBENE~ . 13. Expenses N/A TOTAL EXPENSES APPLICANT State Cash Grant CATEGORIES Match Funds TOTAL 14. Equipment: Two (2) Emergency Medical Transport $42,500 $127,500 $170,000 Response Vehicles, fully equipped meeting D.O.T. specifications. TOTAL EQUIPMENT COSTS $42,500 $127,500 $170,000 J APPLICANT State Cash Grant CATEGORIES Match Funds TOTAL 15. Fmal Summary - Total of salaries and benefits, expenses and equipment, all combined $ 42 500 =~~2.z.&~Q.0 $ 170 000 ===;.1==== =--_.&_-- The above filUrc The above filUrc The above filUrc mullt equal 25 percent mull equal 75 mlUt equallbe of \he total Percent of \he 10m of \he tota1 Prccedilll two colullUlll Note: You may attach a page or pages to explain and justify as necessary the need for any and all positions, expenses, and equipment in terms of the items, their quantities, their costs, and their roles in the project. 4 ,. 16. Medical director's signatures: Complete this item only if your project is a Medical/Rescue Equipment, or ProCessional Education Project. a. ProCessional Education N/A All continuing education described in this application is developed and conducted with my input and approval. Medical Director's Signature Date Medical Director's Printed Name b. Medical Equipment Projects: I hereby accept authority and responsibility Cor the use of Medical Anti-Shock Trousers (MAST), Esophageal Obturator Airways (EOAs), semi-automatic and automatic defibrillators, ALS equipment identified in Chapter 101>-66, F.A.C., and equipment not identified in Chapter 101>-66, F.A.C. H this responsibility is delegated, both the delegated physician and the medical director must sign this section. Medical Director's Signature Date and Delegated Physician, if any Dr. J@ff D;!v;!';, D.O. Medical Director's Printed Name and Delegated Physician, if any c. I hereby acknowledge that the applicant responds routinely to rescue or medical incidents under written agreement with my licensed EMS system. Medical Director's or Authorized Person's Signature Date Dr. .Tpff D.qv;!;:. n () Printed Name 5 ,...-........ ".-., ._._-~-~- , , APPLICATION ITEM 17 (signature required) REQUEST FOR MATCHING GRANT DISTRIBUTION CADV ANCE PAYMENT) EMERGENCY MEDICAL SERVICES (EMS) Governmental Agency and Non-profit Entity ONLY In accordance with the provisions of paragraph 401.1l3(2)(b), F.S., the undersigned hereby requests an EMS matching grant distribution (advan~ ~y~thfoI the ~rovtmeat and expansion of prehospital EMS. Cl Y 0 e ray eac for Payment To: Delray Beach Fire and Erneriency Medical Services Department Legal Name of Agency/Organization 100 N.W. First Avenue Address Delray Beach Florida 33444 (City) (State) (Zip) Authorized Omcial SIGNATURE: . DATE: Printed Name: David T. Harden Title: City Manager SIGN AND RETURN WITII YOUR MATCHING GRANT APPLICATION TO: Department of Health and Rehabilitative Services Office of Emergency Medical Services (HSTM) EMS Matching Grants 1317 Winewood Boulevard Tallahassee, Florida 32399~700 For Ute Only by ecpartmelll of Hea111l and R.ehabilitative Servicea, Office of EmclJCncy Medical Servieu Matching Grant Amount:$ Grant 10 Code: m___ Approved By: Date: Signature, State EMS Grant Officer State Fiscal Year: Amount: $ Oraanization Code E.O. Obiect Code 60-20-60-30-100 HS Federal Tax ID V F: --------- Grant Beginning Date: Ending Date: 6 " . . . 18. ASSURANCES AND APPLICATION SIGNATURE Certification of Standards Statement I, the undersigned, certify that if granted funds under Chapter 401, Part II, F.S.; as amended, all applicable regulations and standards will be adhered to including: Chapter 401, F.S.; Chapter 100-66, F.A.C.; Minimum Wage Act; Title VI of the Civil Rights Act of 1964 (42 ISC 2000D ct. seg.); DHEW Regulation (45 CFR Part 80); Rehabilitation Act (Sec 504); Developmentally Disabled Assistance and Bill of Rights of 1975 (P.L. 95-602) as amended by Title V of the Comprehensive Rehabilitative Services Amendments of 1978: Confidentiality; Human Rights; Habilitation Plans; Employment of the Handicapped; Services for Persons Unable to Pay. Statement of Cash Commibnent I, the undersigned, certify that cash match will be available during the grant period and used in direct support of this grant project. State and federal funds will not be used for matching requirements, unless specified by law. No costs or third- party contributions count towards satisfying a matching requirement of a department grant if they are used to satisfy a matching requirement of another state or federal grant. Cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed on this application shall be committed and used for the department's final approved project during the grant period. Acceptance of Tenns and Conditions I, the undersigned, accept the grant terms and conditions in Appendix B of the booklet, "1992 Florida EMS Matching Grant Program. , by the Department of Health and Rehabilitative Services and acknowledge this when funds are drawn or otherwise obtained from the grant payment system. Disclaimer I, the undersigned, hereby certify that the facts and infonnation contained in this application and any follow-up documents are true and correct to the best of my knowledge, infonnation, and belief. I further understand that if it is subsequently determined that this is not correct, the grant funded under Chapter 401, Part II, F.S. and Chapter 100-66, F.A.C., may be revoked, and any monies erroneously paid and interest earned will be refunded to the department with any penalties which may be imposed by law or applicable regulations. Notification of Awards I, the undersigned, understand the availability of the notice of award will be advertised in the Florida Administrative Weekly, and that 30 calendar days after this Florida Administrative Weekly advertisement I waive any right to challenge or protest in anyway the decisions to award grants. Maintenance of Improvement and Expansion I, the undersigned, agree that any improvement or expansion brought about in whole or part by grant funds, will be maintained for five years after the project ends. unless specified otherwise in the approved application or unless the department agrees in writing to allow a change. Any unauthorized change within the five years will necessitate the return of grant funds involved, plus interest if any to the department. Signature of Authorized Grant Signer City Manager Date (Individual Identified in Item 1) NOTE: Please check to insure that all required signatures have been made for Items 16, 17, and 18. The application will not be considered for funding without any required signature. 7 -~--- ~_.._"--- ...-....,.- ,. " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t77'1 SUBJECT: AGENDA ITEM it <Sf - MEETING OF JULY 21. 1992 RESOLUTION NO. 75-92 DATE: July 13, 1992 This is a resolution requesting the Board of County Commissioners to request the State of Florida Department of Natural Resources to establish an "Idle Speed - No Wake" zone along the Intracoastal Waterway in the area adjoining the Delray Harbor Club Marina. A hazardous condition exists at the Delray Harbor Club Marina fueling facility due to the operation of boats along the Intracoastal Waterway. Wave action causes boats fueling at the facility to suddenly move, causing gasoline to spill into the Intracoastal Waterway. As there is a potential for serious personal injury and property damage, staff is requesting that action be initiated to designate this area an idle speed - no wake zone. A detailed staff report is attached as backup material for this item. Recommend approval of Resolution No. 75-92. '. j - ~ - ~. 1 ~ C' - 1 .' ,~ . -. . . - - .. \--:-T QT~CPr,jE'('-3 OF~ICE TEL r~o ,I,i, ...:: ... .: . .", ~ -:'- -- ~- -,,- ., . , [ITY aF DELRAY' BEA[H CITY ATTORNEY'S OFFICE 21J1J SW l~l .\\ U';UE . DI2LRAY [lEACH, I'IORIDA 33444 ~,\CS1MI1.F. 40~ ~;~.~i55 W3;"s.~.r.. O~".Cl'=- 1.1.". (407) 243-7090 MEMORANDUM Date: July 17, 1992 To: Ci ty Commission . From: David N. Tolces, Assistant City Attorne~ Subject: Request for NO-Wake Zone in Intracoastal Waterway Adjacent to Oelray Harbor Cl~ Marina Recently it was brought to the City's attention that due to the operation of boats along the Intracoastal Waterway, a hazardous condition exist at the Oelray Harbor Club Marina fueling facility. Wave action causes boats fueling at the facility to suddenly move, causing qa80line to be spilled into the Intra- coa.tal Waterway. A8 Chief Koen's memo states, there is the potential tor serious injury to persons and damage to property a8 well as to the environment. Therefore, in order to initiate 1 the prGCe4. to have the area designated an idle speed-no wake : zone, the City must formally request the Board ot County Commissioners to request the Stat. Department of Natural Resource. to inv..tigate the feaalbl1ity of designating the area an idle speed-no wake zone. This resolution will be forwarded to the County Commission upon approval for their action. It you have any questions, plea.. call. DNT: IIh Attachment nowake.dnt .. "'I; ,. 4 ..... -""! ... -. .'"', :! -. c:- C' ~ . 1 -- ...., - 1~'.' '7 ,.... , ,-TT; RTii"'G'lE/': OFt:'T'-E Ti='L ~~I] u, "':-, 4,.. _\J~ :.,.:'_ __'__ - . ..:. - " _.0.. ~, - =--~i~..,~ ~~ r' ~~ -- L) ".'".... . .~..'" . ..... ""-' , ~,w~: ;":\, .. , [ITY aF DElAA' BEAtH ~ ",ii," - FIR~ ~E:A:~~E~TD Q M D rn @ @j 0 \\Ilff"rrr!! " TO: DAVID N. TOLCES r .,W 251992 : ..j:;1 I ASSISTANT CITY ATTORNEY j\ ~:) FROM: KERRYB. KOEN, FIRE CHIEF DATE: JUNE Z4, 1992 SUBJECT: DELRAY HARBOR CLUB MARINA - FUEL FACILITY I per.onally visited this site'on June 23, 1992 and met with Ms. Willoughby who is the Dock Master for the facility. My observations and tho.. of the Fire Marshal indicate that the pr..ent ".low sp.ed - minimum wake" zone classification allows boat. to pass this facility at speeds capable of causing significant wake action. This sit. contains a three pump fuel s.rvioe system de.ign.d to fuel boats in the Intercoastal waterway. Reportedly 700,000 qallons ot fu.l are pumped annually from this facility. Since March of this year When the zone changed from a n idle __, , , spe.d - no wake" classitication, MS. willoughDy indicated that " approxi~Y'1!.1,~,$.: fu~l .pillS, includinq both qasollne and diesel tuel, have occurred' due to wake action when boats are docked and . abruptly . Dt~ved' ~1le takinq. on fuel. In on. case a boater was pant-ally soake4,with ,gasoline when tuel sloshed from the tank due. to ]:)oa1: Dtov...nt., .o):)viously, fro. a fire risk standpoint th.re i.'a potential for serious injury to persons and damage to property as well a. to the environment when these events occur. Accordingly, I have a......d the fire hazard potential and have determined that current conditions contribute to an unaceepta):)le level ot risk. Abatement of this riSk should be pursued by reducing .peeds ot boats transiting this section of the Intercoa.tal waterway. An additional determination must be made aa to What distanc. to the North and South is appropriate to produce a "No Wake" condition supportive of this objective. \<~ l""~. \'-__ow ' ....' .,. .,---- Kerry B. Koen Fire Chiet l<BK/tw ee: D.S.M.G. Division Chi.f Cato FIRI! DEPARTMENT H!ADQUARTEAS.l0l weST ATLAN1'IC AVENUE .OELAAY BEACH. FLOAIOA 33444 4I\'7"'.~'7.M.1:4Y 4/'171 ?~~.AA..n .. '.'1' '" " _ .. _ -' ,_ 1 =. .., -' - - ... "_ '- c:. ~ " '~I:; . _..., - :... - _ :: _i '_'. ~.... ~':.. ~.=.::...: : - ..: RESOLUTION NO. 75-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, fLORIDA, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA TO REQUEST THE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES TO ESTABLISH AN "IDLE SPEED-NO WAIeE" ZONE ALONG THE INTRACOASTAL WATERWAY IN THE AREA ADJOINING THE DELRAY HARBOR CLUB MARINA. WHEREAS, the State of Florida Department of Natural Resources established a slow speed zone within the Intracoastal Waterway north of the Linton Boulevard bridge in Delray Beach, Florida; and WHEREAS, the Delray Harbor Club, which is located north of the Linton Boulevard bridge on the west side of the Intracoastal Waterway operates a marina ~nd fueling fac1lity; and WHEREAS, the wake. created by boats travelling at or above the "slow speed" creates a hazardou8 81tuatlon at the marina due to fuel spills and damage to other boats fuelin9 at the facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DB~ BEACH, FLORIDA, AS FOLLOWS: Section 1. That this re.olution be forwarded to the Board of County Commi..ioners ot Palm Beach County, Florida as a formal request that due to the hazardous conditIons existing at the Oelray Harbor Club Marina, the palm Beach County Commission request the Department of Natural Resource. to investigate the feasIbility ot enacting 4 rule declaring the portion of the Intracoastal waterway adjoining the Delray Harbor Club Marina an "idle speed-no wake" zone as de! Ined in Section 16N-24.022, F.A.C. Section 2. That this resolution shall take effect immediately upon its pa.sage. PASSBD AND ADOPTED in re9Ular sessIon on the day ot , 1$1$12. MAY 0 R ATTEST: City Clerk " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 811 SUBJECT: AGENDA ITEM it qJ9 - MEETING OF JULY 21. 1992 REPORT OF APPEALABLE LAND USE ITEMS DATE: July 13, 1992 This item is before you for acceptance of the report of decisions made by the various development related boards during the period June 22, 1992 through July 17, 1992. The following actions were considered during this reporting period: The Planning and Zoning Board did not hold a regular business meeting during this reporting period. Site Plan Review and Appearance Board: -Approved the architectural elevations associated with a building addition for Windway Apartment. -Approved the final landscape plan for JBA Motors. The Board also accepted an alternative method of curbing. -Tabled (5-0 vote) the architectural elevation plan (facade changes) for one building at the Berkshire By the Sea. -Approved the architectural plan (color change) for S & S # 1 Ltd. Historic Preservation Board: -Denied (4-1 vote) a request for a Certificate of Appropriateness to construct a five foot high chain link fence at a single family home located at 11 N.E. 6th Street. A detailed staff report is attached as backup material for this item. " C I T Y COM MIS S ION DOC U MEN TAT ION TO: riA~ID T. HARDEN, CITY MANAGER " 0~ ~ ~(\P;J THRU: D J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING ( . ~ " tVJ."" (} \\C" FROM: ASMIN ALLEN, PLANNER I SUBJECT: MEETING OF JULY 21, 1992 REPORT OF APPEALABLE LAND USE ITEMS JUNE 22, 1992 THRU JULY 17, 1992 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of June 22, 1992, through July 17, 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 June 22, 1992 thru July 17, 1992 Page 2 PLANNING AND ZONING BOARD (PZB): No Regular Business Meeting was held during this period. SITE PLAN REVIEW AND APPEARANCE BOARD (SPRAB) MEETINGS JUNE 24, 1992: 1. Approved the architectural elevations associated with a building addition for Windway Apartments, located at the northeast corner of Venetian Drive and Casuarina Road . The associated site plan changes were approved administratively as a non-impacting modification. (Vote 5 to 0). 2. Approved the final landscape plan for JBA Motors which is located on the west side of Federal highway, just north of Allen Avenue, extended (Vote 5 to 0) . Also the Board accepted an alternative method of curbing which was presented by the applicant. Both the site plan and architectural elevation plans were previously approved by the Board. No other appealable items were considered by the Board. However, the following agenda item required Board action: * Approved the business sign for Abbey Road Bar & Grill, located at 710 Linton Boulevard within the Linton International Plaza. JULY B, 1992: 3. The Board tabled, on a 5 to 0 vote, the architectural elevation plan (facade changes) pertaining to one building at the Berkshire By The Sea, located between A-1-A and Andrews Avenue, north of Atlantic Avenue and immediately north of the Grosvenor House. As there are three buildings on the site) the Board requested that information be provided regarding the plans for the entire property. 4. Approved the architectural plan (color change) for S & S #1 Ltd. located on the east side of SW 17th Avenue north of SW 10th street (Vote 5 to 0). No other items were considered by the Board. '. " city Commission Documentation Report of Appealable Land Use Items June 22, 1992 thru July 17, 1992 Page 3 HISTORIC PRESERVATION BOARD (HPB) MEETING OF JULY 1, 1992 A. Denied a request for a Certificate of Appropriateness in conjunction with the construction of a 5' high chain link fence at a single family home located at 11 NE 6th Street (Vote 4 to 1). No other appealable items were considered by the Board. However, the following agenda item required Board action: * Granted a Certificate of Appropriateness for a business sign at 102 SE 7th Avenue (Vote 5 to 0). * Granted a Certificate of Appropriateness for a business sign at 135 NE 1st Avenue (Vote 5 to 0). * Granted a Certificate of Appropriateness for a Historic District identification sign to be located on the City property bounded by NE 8th Street and NE 3rd Avenue and Dixie Boulevard (Vote 5 to 0). RECOMMENDED ACTION: By motion, receive and file this report. Attachment: Location Map '. '. . . LOCA nON MAP rOR CITY COMMISSION MEETING or JULY 21. 1992 L-30 CANAL I LAKE IDA ROAD I ~ I SW2ST ~ ~ ~ ! . . @ a a :2 i LDWSON IOULEVARD I UNTON IOULEVARD I ~0Ji7; L-.K CANAL S.P.R.A.B. ITEMS: H.P.B. ITEMS: 1. - WINDWAY APARTWENTS A. - 11 N.E. 6th STREET N 2. - JBA "OTORS 3. - BERKSHIRE BY THE SEA - 4. - S a: S #1 LTD. CITY OF DELRAY BEACH. FLORIDA PLANNING DEPART"'ENT '. " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM, CITY MANAGER~ SUBJECT: AGENDA ITEM it q /3 - MEETING OF JULY 21. 1992 ADDITIONAL EXTENSION OF CONDITIONAL USE APPROVAL/HESS DATE: July 13, 1992 At the June 16th regular meeting the Commission approved a six month extension of the Major Modification to the Conditional Use approval for the Hess Gasoline Station located on the east side of Military Trail, north of Atlantic Avenue, in the Delray Square Shopping Center. The initial request from Hess was for an 18 month extension, which is the standard time period stipulated in Section 2.4.4 of the Land Development Regulations, to allow sufficient time to finalize the plat for the development. The six month extension was granted based on the expectation that the plat would be finalized in a few weeks time. The plat has now been finalized and recorded. However, the applicant has indicated that funding for the project has been postponed because of delays in the platting process and, therefore, is requesting the extension be amended from six months to 18 months. The Planning and Zoning Board does not review requests for extension of prior approvals. A detailed staff report is attached as backup material for this item. Recommend approval of the request to amend the extension of the Major Modification to the Conditional Use approval for the Hess Gasoline Station from six months to 18 months. '. .. ~ , \ }, ,.1 - i : C I T Y COM MIS S ION DOC U MEN TAT ION TO: D L. HARDEN, CITY MANAGER ~~~ ID J. KOVACS, P N AND ZONING DIRECTOR FROM: DIANE DOMINGUEZ, PLANNER III SUBJECT: MEETING OF JULY 21, 1992 ADDITIONAL EXTENSION OF CONDITIONAL USE APPROVAL HESS STATION, 14624 MILITARY TRAIL ACTION REQUESTED OF THE COMMISSION The action requested of the City Commission is that of amendinq the extension to a Major Modification of a Conditional Use approval, from six months to eighteen months. The subject property is the Hess gasoline station located on the east side of Military Trail, north of Atlantic Avenue (Delray Square Shopping Center). BACKGROUND In January of 1991, the City Commission approved a request for a Major Modification of the Conditional Use approval for the subject property. The proposed modifications include the demolition of the existing office building/convenience store, reduction of fuel dispensers from 8 pumps to 5 pumps, and construction of a 675 sq. ft. convenience store and a 342 sq. ft. utility building. In May of this year, the Hess Corporation requested an extension in order to allow sufficient time to finalize the plat f or the development. The request was for an additional eighteen (18) months, which is the standard time period stipulated in Section 2.4.4 of the Land Development Regulations. At the June 16, 1992 meeting, the City Commission granted Hess a six (6 ) month extension, based on the expectation that the plat would be finalized within the next few weeks. The plat has in fact been finalized and recorded. However, the applicant has indicated in a recent letter (see attached copy) that because of the platting delays, funding for the project has been postponed. The applicant is therefore asking that the ". extension be for a period of eighteen months, as originally requested. PLANNING AND ZONING BOARD CONSIDERATION The Planning and zoning Board does not review requests for extensions of prior approvals. RECOMMENDED ACTION By motion, amend the extension for the Major Modification of the Conditional Use from six months to eighteen months. Attachments: Location map Site plan Request for extension by Amerada Hess Corporation /dd DD/Y:HESSCC.DOC '. ,. PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: ~ID T. HARDEN, CITY MANAGER FROM: D V~~~RECTOR DEPARTMENT OF PLANNING AND ZONING DATE: JULY 15, 1992 SUBJECT: HESS FINAL PLAT - REPORT RE PROCESSING DIFFICULTIES At the June meeting of the City Commission, during consideration of an extension of approval for the Hess Station (Military Trail) up-graded Conditional Use, comments were aired regarding difficulties in processing of a final plat. The Mayor asked that the matter be looked into. On the Friday following the meeting, our "Development Assistance Service" committee met with the agent. The difficulties encountered were real and involved problems on both sides. From the City's end, several items contributed to the problems. The following is a brief chronology and identification of problem areas: 1. The land use approval process went very smoothly. It involved a corrective rezoning, modification to Conditional Use, and site plan approval. Four months were involved. 2. In June, the final plat went before the City Commission and was approved. The plat was not ready for signature (technical items were to be accommodated). NOTE: Obtaining approval without the exhibit being ready for signature is not a good practice. Changes have been made to the review process which now require a formal sign-off on the "blueline" by all reviewers. Without such a sign-off, a final plat is not to proceed for Commission action. 3. During the ensuing four months, some additional changes were required on the plat due to changes in signatories. Upon obtaining signatures, the plat was circulated for signatures and new (City) personnel noted errors and deficiencies which were not previously identified. Thus, additional changes were required. '. To: David T. Harden, City Manager Re: HESS Final Plat - Report Re Processing Difficulties Page 2 4. The Planning Department person who initially handled the project left the City in November. Changes in staffing at Environmental Services caused further review when resubmitted plats were received. Some changes can be documented as being previously identified; some were new; and some dealt with the technical quality of the submission. This situation added another four months to the processing. NOTE: During the same general period (October, 1991 - March, 1992), other plats were also delayed in processing. This transition period is now behind us; and, the system is working efficiently. An example of the current situation is the processing of a boundary plat for Simmons' Cay in only a few weeks. 5. The final plat has now been executed and recorded. The Development Assistance Service meeting was cordial and beneficial. Based upon staff review of this situation, the frustration experienced by the agent was warranted. His subsequent actions with regard to corporate decisions (i.e. delay of construction) due to an anticipated repeat of the situation for building permits is understandable. We discussed the manner in which any future frustrations could be handled in order to avoid such a decision. In light of our review of the overall situation, Lula and I believe that it is appropriate for the City Commission to re-evaluate its limitation to six months for construction of the project and to accommodate the normal eighteen month approval (extension) period. DJK/dlm c: Thomas Hartmann, Hess Site Representative Dick Shermeta, Chairman, Chamber Blue Ribbon Committee Wm Greenwood, Dir. Environmental Services Lula Butler, Dir. Community Improvement Diane Dominguez, Chief Current Planning Project File - Hess Final Plat DJK/HESS3.DOC " ,1 ~ v . CANAL LATERAL l-J3 ~ . - - ...-- J I J-J K-t.4ART ml l' "'~R ,J- .n..-J f'IIOi\ I DELRAY SQUARE ~ r-- FEDERAL PLAZA 1- PHASE 2 ~ - I ...J 4( ,D ,"" t.4cDONALDS a:: ~ r {] ~ == I.ET~L I - RETAil - W- ill 0 >- "\ PU8UX a:: 4( - ,. ~ :J 0 ::E lQJ 0 0 . ATlANTIC A VENUE BANK GAS DUNKIN STAll ON GAS -r....C.O DOUNUT D 0 0 STAll ON ~ "~l.\.. BURG[R I KING ~ CJ G::J , = PINES PLAZA DELRA Y --. = WEST - PLAZA = UIij] ~ I Sc.onr's] - ~ T ~ f- [[J]]]]]]]]]II] 1111 I r r I N ,- HESS STATION .....-.-. I 1 ''''''''1 ... Rn.t.n " , , ' JJ....."!'>.~ e...,.,,_ .. ~ . " .. ............ -- ~ ,:::r . ,.. - ..,. __ . '\ ~~~"'11.+"- , I( · . ,."" . . - - - -., .' . .. ~ hi.. ... , t. I:: ~:<:! - ..;oO J [1''' ...- " ,n, ~ n . 0"" "" -- ' . I - i'. f. / "V 0 . 6' . ."... T I 1 1mI / .' ~ . m ,J ;. '..t,::..,", I I . . _ cU.,. - I ,/' - - - - It .. . c - .; "', . t /' ~ ' .~ 1"- . \ Q )! ' I' . " .' ~ .' .' .,. ' I" U :'" . '. " .'~. (~ t '. ." .~';.. . 1;-' ...", . , ~, ".,..:'- .' ,.. . .' :: ..; ,.. . 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RMERRDR HESS CORPORRTION TELETYPE: 710-998-0873 1 HESS PLAZA CABLE ADDRESS: HESSOIL WOODBRIDGE, NJ 07095-0961 FAX: 1-908-750-7038 (908) 750-6000 REPLY TO: 926 SW RUSTIC CIRCLE STUART, FLORIDA 34997 (407) 283-4994 FAX: (407) 288-1283 CERTIFIED MAil: RETURN RECEIPT REQUESTED June 23, 1992 David Kovacs City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 RE: EXTENSION OF CONDITIONAL USE APPRO V Al EXTENSION OF SITE PLAN APPROVAL ------------------------------------------------------------------ Hess Station #09371 14624 Militarv Trail. Delrav Beach. Florida Dear Mr. Kovacs, I want to thank you and the Cities Grievance Review Board for meeting with Shawn Neiman and myself on Friday, June 19, 1992, whereby we satisfactorily resolved the Marathon Plat Finalization Process Hess encountered. At my request; due to the delays encountered, Amerada Hess has delayed funding for this project until 1994. I request: . The Conditional Use Permit be extended for the full eighteen months. . Site approval be extended for eighteen months. (Site plan was approved March 29, 1990). ...-, ",'''''' ~- ""::n , . r~ . " I,. ":;j ,JUrI ,-', 1992 f..) L /~\ t) f\~ ~ j\.~:=~~ 8; t\l ~ [\.1 (J '. " ,,' - , . ,~ PAGE -2- Should you have any questions or require additional information, please contact the undersigned at the address referenced on the first page of this letter. Sincerely, AMERADA HESS CORPORATION .:/~M Thomas Hartmann Site Representative Gasoline Station Real Estate TH/ag cc: W. V. Wolfrom '. ' , CARSON, LINN & ADKINS LEONARD A. CARSON LAWYERS !>lAHAN STATIOS JAMES w. LINN 17U' D MAHAN DRIVE JAMES C, ADKINS TALLAHASSEE, FLORIDA 32308 LUCILLE E. TURNER KIMBERLY L, KING (904) 878'20:17 ROSA H, CARSON FACSIMILE (904) 677 '1000 July 16, 1992 !':.) I': I' r.: I V :: r' , IL-..,J.... ~W VIA OVERNIGHT DB LIVERY JUL 1 7 1992 David T. Harden, City Manager CiTY MANAGFR'S nFFiCE City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 Re: 1991-1993 Firefighter Contract Dear David: The tentatively-agreed 1991-1993 firefighter contract is enclosed. Also enclosed is a summary of the contract. The contract has been ratified by the firefighter bargaining unit. Based on our conversation yesterday, it is my understanding the contract will be submitted to the City commission for ratification on July 21. Please let me know if this is not correct. Please note that the contract has not yet been reorganized to bring it into line with the FOP and IBF&O contracts. We will do this after the contract is ratified. Feel free to call if you have any questions concerning the contract or the summary. with best regards, I am Sincerely, CARSON, LINN & ADKINS . Linn JWL/csc Enclosures cc (with enclosures): Jeffrey S. Kurtz, City Attorney 11_~'JJ~e1 Kerry Keen, Fire Chief ~. ~ .,,&- 0/ .:5 ~OK ~ - o1l U(J\.Y---' CfC '. '" - ,- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM it qJ) - MEETING OF JULY 21. 1992 BEACH NOURISHMENT PROJECT DATE: July 13, 1992 This item is before you to consider staff's recommendation and to award the bid for the Beach Nourishment project. We have received confirmation that the Fish and Wildlife Service will not remove the timing restrictions to permit the project to proceed in the summer; therefore, staff recommends that the Commission: 1 ) Accept the timing restriction and announce that the project will be scheduled for construction after October 15. 2) Approve a change order for the relocation of Sea Turtle Nests. 3) Award the construction contract to Great Lakes Dredge and Dock Company in the amount of $3,823,220 with construction to commence upon receipt of the executed Local Cooperation Agreement from the Army Corps of Engineers. The cost of the winter project is approximately 23% higher than the summer project estimates, However, as the bid is substantially lower than estimated, the project can be completed without the use of City funds with the exception of borrowing "front end" money. Alternatively, the Commission could negotiate with the low bidder to construct the project in the spring of 1993; however, staff does not recommend pursuing this alternative. Recommend acceptance of recommendations by staff and award the bid for the Beach Nourishment Project to Great Lakes Dredge and Dock Company in the amount of $3,823,220, with funding from Erosion Control (Account No. 332-4164-572-34.38); and, subject to the receipt of the executed Local Cooperation Agreement from the Army Corps of Engineers. .. " _._--~--- .. ~ -. _._.~--_.- ~o N.J.. 4~ 5 ., ;U.J6: ~ PLANNING AND ZONING DEPARTMENT MEMORANDUM RECEIVED TO: David Harden, City Manager JUN 3 0 1992 FROM: John Walker, Project coordinatT ~AGER'S OFFICE DATE: June 26, 1992 SUBJECT: BEACH NOURISHMENT PROJECT This is an overview of the current project status and recommendations to proceed. CONSTRUCTION BID: Bids for construction of the project were opened June 25, 1992. The apparent low bidder offered Alternate #2 (summer project) for $3,099,360. Alternate #1 (winter project) was priced at $3,823,220, a 23% increase over the summer project. Other bids did not reflect a significant difference between the summer and winter project, indicating that they simply assumed a winter construction period. Both bids were substantially below our cost estimates, reflecting a favorable bidding climate. Based on these bids, the project can be completed, even in winter, without the use of City funds except the cost of borrowing "front end" money. We will provide a complete analysis of the bids with recommendations for award. At this time it is worth noting that the spread across the four bids was only 1.5%. TIMING ISSUE: Mr. Steven Quarles met on June 25, 1992 with Mike Brennan, Special Assistant to the Director of Fish and Wildlife Service. Mr. Quarles reports that Mr. Brennan has done a serious review of our case, but that the Service will not change their timing restrictions to allow the project to proceed in summer. The one possible concession given is on the spring end of the season. While we are required to contract the project such that work will be completed by May 15, if weather conditions forced us to continue work after that date, the Service would not assume that a "take" had occurred and stop the work. Potential bidders have not been asked if their price for the summer project would be valid in late April and May. '. --.-..-..-."----- David Harden Beach Nourishment Project Page 2 PERMITS: We have received the Corps of Engineers permit, which includes the timing restrictions. To complete the permit process, the permit must be signed and returned to the Corps for final execution. The Florida Department of Natural Resources permit is to be issued administratively and is expected in the next few weeks. GENERAL DESIGN MEMORANDUM/PLANS AND SPECS: The GDM and Plans and Specs have been approved by the Jacksonville District, Corps of Engineers. Documents are now at the Division level for approval. Once the approvals are complete, we can award the construction contract. We are currently updating the schedule with the Corps. SEA TURTLE PROGRAM: To maintain the possibility of constructing a summer project, our contractor has been relocating all nests from the project area since May 30, 1992, based on a verbal notice to proceed. As described in my letter of June 18, 1992, we have asked for more detail on his proposal for change order. A new proposal for change order was received June 25, 1992. This proposal, with recommendations, will be sent under separate cover. RECOMMENDATIONS: 1- Accept the timing restriction and announce that the project will be scheduled for construction after October 15. 2. Approve the change order for the Sea Turtle Project to relocate all nests to date. After that, return to the original contract specifications. 3. Award the Beach Nourishment Project as soon as the Local Cooperation Agreement is executed, for construction to begin after October 15, 1992. The low bidder indicates that construction will probably begin in December. As an alternate, we could negotiate with the low bidder to construct the project in the spring of 1993. This alternate is not recommended. c: David Kovacs Joe Safford Ted Glas JW/T:BEACH4.DOC .. ~-_.- . - ~._~..'------ C I T Y COM MIS S ION DOC U MEN TAT ION TO: eID T. HARDEN, CITY MANAGER THRU: I~~~~ ZONING DIRECTOR FROM: JOHN WALKER, PROJECT COORDINA~~~ SUBJECT: MEETING OF JULY 28,1992 AUTHORIZATION TO AWARD THE BEACH NOURISHMENT PROJECT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of authorization to award a contract to construct the Beach Nourishment Project to the low bidder, Great Lakes Dredge & Dock Company. BACKGROUND: This project was advertised for bid with two alternates. Alternate .1 was for construction beginning after October 15; Alternate .2 was for construction beginning on or about August 1. The second alternate was included to maintain the project schedule should the City be successful in its attempts to eliminate timing restrictions imposed by the U.S. Fish and Wildlife Service. Those attempts have proven unsuccessful. The City will be restricted to constructing the project after October 15, with completion by May 15. Bids for construction of the project were opened June 25, 1992. Four bids were received and are detailed in the attached Bid Tabulation. The spread across the four bids was only 1.5%. The low bidder, Great Lakes Dredge & Dock Company, offered Alternate '1 (winter project) for $3,823,220. Alternate 12 (summer project) was priced at $3,099,360. The bids have been reviewed by our consultant, Coastal Planning & Engineering, Inc. , who recommends award to Great Lakes Dredge & Dock Company. The cost of the winter project is approximately 23% higher than the summer project, as predicted in our original estimates. However, both bids were substantially below our cost estimates, reflecting economic conditions and a highly competitive bidding climate. Based on these bids, the project can be completed, even in winter, without the use of City funds except the cost of borrowing "front end" money. '. City Commission Documentation Authorization To Award The Beach Nourishment Project Page 2 The construction contract may not be executed until the execution of the Local Cooperation Agreement (LCA) with the Corps of Engineers is complete. The LCA is the agreement for reimbursement of Federal funds and is currently being processed. We can, however, award the contract with its execution conditioned upon receipt of the executed LCA. RECOMMENDED ACTION: By motion, authorize the City Manager to award the contract to construct the Beach Nourishment Project to Great Lakes Dredge & Dock Company in the amount of $3,823,220, with construction to commence on or after October 16, 1992, and be completed before May 15, 1993, subject to receipt of the executed Local Cooperation Agreement with the Corps of Engineers. Attachments: * Bid Tabulation * Consultants Recommendation T:BIDLDOC " - .. . . .... -0 ~u 0 " wCl ~ ~ 8~ g g CI il .. .. ~ Cl Cl . 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SUITE 142E, ORANG{: PARK, FL 32073 (9041264,5039 TELEFAX (904\26450: 4818.67 July 7, 1992 Mr. John Walker City of Delray Beach 100 N. W. 1st Avenue Delray Beach, FL 33444 RE: Rcccmme:ldaticn for Award of Beach Renourishment Contract Dear John: We have reviewed the bids for the beach renourishment project. Great Lakes Dredge & Dock Company, was the lowest bidder for both Alternates 1 and 2. As you know Great Lakes successfully completed the 1984 renourishment and is qualified to undertake the proposed project. We recommend that Great Lakes Dredge & Dock Company be awarded either Alternate 1 or 2 for the Beach Renourishment Project, Bid No. 92-50. The following information was to have been submitted with. the bid: Page SGS-17 Plant and Equipment Schedule Page SGS-19, B. Method of Completing Work and Time Schedule Page SGS-20, C. Key PersoMel to be Used on this Project This information is not critical to the selection of Great Lakes, however we recommend that this be provided prior to contract execution. If you have any questions, please contact me. Very truly yours, CZr:NNING _~ ~NGINEERING. INC. /~"k/?- ~~tm:RWlEIDJ Ki E. Beachler, P.E. Vice President cc: Douglas Mann JUL 9 199? KB:c, PLANNING & ZONING 0801: 481867.707 "."-- " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM it QS - MEETING OF JULY 21. 1992 APPROVAL OF INTERIM FINANCING/AWARD OF BID - FIRE STATION NO. 1 DATE: July 13, 1992 This item is before you to approve interim financing and to award the bid for the Fire Station No. 1 project. Staff sent out proposals to four local commercial banks requesting bids for interim financing for the proposed 1993 General Obligation Bond. We received bids from Barnett Bank, First Union Bank and Sun Bank, N.A. The bids have been reviewed by staff and Public Financial Management ( PFM) , the City's Financial Advisor. PFM recommends that Barnett Bank be selected to provided interim financing in the amount of $3,000,000. The interest rate is fixed at 4.7% ; with legal fees not to exceed $600. The lowest responsive bidder for the construction contract was S. I. Nicholas in the amount of $1,586,953. The contract amount represents the base bid less (deduct) Alternate No. 1 which included food service equipment and adds Alternate No. 5 which includes paver block sidewalk construction along Atlantic Avenue. Recommend approval of an interim financing Line of Credit in the amount of $3,000,000 from Barnett Bank at a fixed rate of 4.7% with legal fees not to exceed $600; and award the construction contract to S. I. Nicholas in the amount of $1,586,953 with funding from 1990 Decade of Excellence Bond Issue - Fire Station No. 1 (Account No. 225-2311-522-61.56) and 1992 G.O. Line of Credit. .. _._-_.,_.,--- " . M E M 0 RAN DUM TO: David T. Harden City Manager FROM: Joseph M. S"ffm,~_, Director of Fina '~ SUBJECT: Selection of Finance Firm to Provide $3,000,000 Line of Credit DATE: July 17, 1992 On July 13, 1992, the City of Delray Beach sent out four proposals to local commercial banks requesting bidders to provide interim financing for the proposed 1993 General Obligation Bond. On July 16, 1992, the date of the bid opening, the City received bids from Barnett Bank, First Union National Bank and Sun Bank, N.A. Attached is an analysis of the bids along with a recommendation from Public Financial Management (PFM), the City's Financial Advisor, to go with Barnett Bank's fixed rate of 4.7% with legal fees not to exceed $600. We concur with PFM's recommendation to go with a fixed rate as opposed to a variable rate in order to take advantage of the low interest rates and to avoid exposure to any upward shifts in the market. Subject to City approval of loan documents, the closing should occur by August 31, 1992. JMS/rso/slh Attachment cc: Rebecca S. O'Connor, Treasurer 9. E.I. '. lmJ . PuBuC RNANCIALMANAGEMENT, INc. Financial and Investment Advisors Barnett Plaza. 201 South Orange Avenue. Suite 720 Orlando. FL 32801 407-648.2208/09 (Fax) 407.648.1323 July 17. 1992 ME~ORANDIJM TO: Becky O'Connor FROM: David Miller RE: Delray Beach. $3.000.000 General Obligation Line of Credit Based on the bid information provided by Sun Bank, First Union National Bank. and Barnett Bank. it is PFM's recommendation that the City of Delray Beach obtain the line of credit offered by Barnett Bank at a fixed rate of 4.7%. Barnett Bank's fIXed rate bid is lower than the one-year average variable rate bid for each of the three respondents. Since the prime rate is presently at a five year low. it would be prudent to take advantage of the low fIXed rate before it rises. In election years. rates sometimes tend to rise late in the year. Barnett also offers the lowest fees of the three respondents. The following chart illustrates the bid offers from the three banks. Sun Bank FIrst Un10n Barnett Bank Fixed Rates 5.12~ N/A 4.70~ Var1able Rates (presently) 4.41 % 4.98~ 4.51~ Var1able Rates (one year average) 5.00~ 4.99~ 5.23~ Fees $2,500 $5,000 $600 Atlanta Fort ~rs Harrisburg Memphis New \\)rk Orlando Philadelphia san Francisco State CoUege @ An AHUiale of Marine Midland Bank, N.A. H -~ ,. - MEMORANDUM TO: David T. Harden city Manager L THRU: William H. Greenwood /~~t/~ Dir. of Env. Svcs. Ted Glas /&J/ f)/ Purchasing Officer FROM: Ralph E. Hayden, P.E. ~ City Engineer DATE: July 6, 1992 SUBJECT: Fire station No. 1 Contract Award Project No. 91-58 Attached is an agenda request for the July 14 City commission meeting regarding the subject item, as well as a recommendation of award from Currie Schneider Associates (CSA), the consulting professionals for the project. Staff and CSA recommend that the Commission award this contract to S.l. Nicholas, the lowest responsible responsive bidder, for the amount of $1,586,953.00. This represents the total proposal for the base bid, $1,597,496.00 less (deduct) alternate 1, $23,843.00 and plus (add) alternate 5, $13,300.00. (Deduct) alternate 1 deletes the provision of specified food service and residential equipment, and (add) alternate 5 adds the construction of paver block sidewalk along the site frontage on Atlantic Avenue. $1,597,496.00 Base Bid (23,843.00) Deduct Alternate #1 13.300.00 Add Alternate #5 $1,586,953.00 Contract Amount Additional back-up (bid proposals, representative projects, questionnaires) is available at the Environmental Services Department) . DH:RH:mm cc: Richard Hasko, P.E., Acting Asst. city Engineer Kerry Koen, Fire Chief File: Project No. 91-58 (D) Memos to Asst. City Manager/Admin. Services DH158706.MRM 9,E.~ ., 'fl-~ (J NIJ P ~ . Currie Architects, Planners Schneider '- ~ -.', "~;'" ',f: >,'. "', , '- & Interior Designers . Associates I';, :-. j,'!;;:l}.'~~;, .... 25 Sea breeze AlA, PA DlVtRONt1FN.T ^ i,,!~r RV ICrs Delray Beach, FL 33483 June 10, 1992 92 JUN , I 407/276-4951,737-2279 4M 10: 19 305/429-1566 Mr. Ralph E. Hayden. P.E. RECEiVED City of Delray Beach City Engineer 434 S. Swinton Avenue Delray Beach. Florida 33444 Delray Beach Fire Rescue Headquaners Project No. 90576.01 Dear Mr. Hayden: On Friday May 29. 1992 the Purchasing Agent for the City of Delray Beach received the bids for the general construction of the above referenced project. Out of approximately 21 bidders, 11 submitted bids on the required date. The results are as follows: 1. S.I.Nicholas Base Bid $ 1,597,496.00 2. Select Contracting Base Bid $ 1,625,000.00 3. Altman-Barry Base Bid $ 1,638,000.00 4. Milne & Nicholls Base Bid $ 1,684,000.00 5. SAC Construction Base Bid $ 1,697,000.00 6. State Paving Base Bid $ 1,764,700.00 7. Larry Wilson Base Bid $ 1,768,000.00 8. Sessoms Const. Base Bid $ 1.777,777.00 9. Double E Base Bid $ 1,864.300.00 10. Sea Land Base Bid $ 1,917,300.00 11. Pioneer Base Bid $ 1.949,000.00 The apparent low bidder for this project is S.I.Nicholas. As a part of the bid evaluation process, Currie Schneider Associates AlA, PAin conjunction with the city Engineering Department began to review the submitted references and other required material. We developed a questionnaire (see attached copy) and selected at random approximately six different projects from each of the three apparent low bidders. The results from these reference reviews were delivered to Mr. Robert Taylor on June 9, 1992. There were four deduct alternates and one add alternate which were not a part of this evaluation process as it is up to the city to decide which, if any of these are to be selected. FAX: 407/243-8184 AA COO1334 -'''''--.-..- '" . . . .; 0- - . . Delray Beach Fire Rescue Headquarters Project 90576.01 Final Bid Evaluation Page 2 After reviewing the submitted material and based on the Information available to this firm at this time. we find no objection to S.I.Nicholas being the general contractor for this project. Please feel free to contact this office should you require any additional information. Sincerely. CU RI SCHNEIDER ASSOCIATES AlA, PA a Associate cc: Chiel Kerry Koen Larry Schneider doc\576\gceval.576 ~....; .. [IT' DF DELAA' IEA!:H FIRE DEPARTMENT MEMORANDUM TO: ROBERT A. BARCINSKI ACTING CITY MANAGER FROM: KERRY B. KOEN, FIRE CHIEF DATE: JUNE 15, 1992 SUBJECT: FIRE STATION NO. 1 BIDS I reqommend that "Deduct Alternate No. 1" for this project be accepted and subtracted from the low base bid received from S.I. Nicholas, Inc. We have evaluated the submitted pricing and by using a combination of state contracts and area vendors we can purchase appliances for this project through our local purchasing system for less money than the quote from the contractor. However, the funding source for this equipment will still come from the Bond Issue. The allocation request for this equipment will come to the City Commission at a later date. Due to the timing of building both Fire station No. 1 and Fire Station No. 5, we are in a position to purchase appliances for both of these facilities at the same time, with some potential savings due to quantity discounts. '(~ \S.\L- --~- ------ . Kerry B. Koen Fire Chief KBKjtw cc: David Harden V'""Ted Glas William Greenwood Joe Safford :: ;~ ~:. :::'~ i~. :::: ~-~\(\ ;::'~r l--l F ..\i)-~ U A ::;- [: ~:~;:: c i:J '! \"/ EST ;.2\-:-t.,d.,NT 1 ': r:..., '/ E i\ U E .. IJ E LR tJ. v ~-: Ci::",(~~-: -',"' , , ~ . .' : /\ >~ ~'~C.l,. ; ~ , ; ~ " , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 9F - MEETING OF JULY 21. 1992 SERVICE AUTHORIZATION 4.1/CURRIE SCHNEIDER AND ASSOCIATES DATE: July 10, 1992 This service authorization replaces Service Authorization No. 4 in the amount of $90,835.20 for resident project representative services for the Fire Station No. 1 project. Service Authorization 4.1 is in an amount not to exceed $45,000 for basic services, not including reimbursable expenses. The fee is based upon 830 hours of service over an 11 month construction period. Any variations in the project which require service in excess of the 830 hours will result in additional charges. Additionally, the reimbursable expenses have been capped at $3,650. At the June 5, 1992 workshop meeting the Commission asked that staff look at the feasibility of providing resident project representative services in-house. It is staff's recommendation that the architect's resident project representative be used. A detailed staff report is attached as backup material for this item. Recommend approval of Service Authorization No. 4.1 in an amount not to exceed $45,000 for basic services to the contract with Currie Schneider and Associates for resident project representative services for the construction of Fire Station No. 1 ; with funding from Decade of Excellence Bond Issue - Central Fire Station (Account No. 225-2311-522-61.56). ~ on 0&c? uotL (J?R17fX;LPJ-( ~ Il/pm/J d SS8777I79) .. , ,,' . . MEMORANDUM TO: Robert Barcinski/Administrative Services Assistant City Manager THRU: William H. Greenwood ~~~ Director of Environmental Services FROM: Robert Taylor, P.E. ~BI Assistant City Engineer DATE: June 11, 1992 SUBJECT: Fire station No. 1 - RPR Services Attached is an agenda request for the City commission to Approve Resident Project Representative Services for this project. Services will be provided by Currie Schneider Associates with a not to exceed budget of $45,000. If you have any questions please do not hesitate to call me at extension #7322. RT: mm cc: Kerry Koen, Fire Chief Ralph Hayden, P.E., city Engineer Larry Schneider, Currie Schneider Associates File: Memos to Assistant City Manager/Administrative Services RT158611. MRM .. 06/11/92 11: 21 ~u<:J:G ( ...---" I .. . CITY OF DELRA Y BEACH DRAFT .-. .. CONSUL TING SERVICE AUTHORIZATION 1M DATE: June 11, 1992 SERVICE AUTHORIZATION NO. 4.1 FOR CONSULTING SERVICES iii CITY P.O. NO. CITY EXPENSE CODE ... PROJECT NO. 91-88 (CITY) 90576 (CONSULTANT) Currie Schneider Associates AlA PA iii TITLE: ARCHITECTURAL SERVICES for DELRAY BEACH FIRE HEADQUARTERS FACILITY. FIRE STATION NO.1 .. PHASE VI RESIDENT PROJECT REPRESENTATIVE SERVICES PHASE .. I. PROJECT DESCRIPTION Preparation of drawings and specifications (contract documents) for the .. design and construction of Delray Beach Fire Station No. 1/Fire Station Headquarters Building comprising approximately 29,550 SF, based upon the program as prepared by GEE & JENSON dated June 4, 1990. The ... facility is to be located on the north side of Atlantic Avenue between 5th and 6th Avenues in Delray Beach. Florida. I ... II. SCOPE OF SERVICES Provide resident project representative services as outline in the Basic .... Agreement and as clarified below. III. BUDGET ESTIMATE OF SERVICES ill Compensation shall be established as a Not to Exceed amount of Forty Five .. Thousand Dollars ($45,000.00) for basic services. This amount is based upon providing eight hundred thirty hours (830) of resident project representative services during the construction of the project. Any variation exceeding this ... time allocation will, therefore, increase the Not to Exceed amount. The Consultant shall be reimbursed for reimbursables expenses as per .. paragraph VII A 2 b (1-6). Compensation for reimbursables expense;; shall be established as a Not to Exceed amount of Three Thousand Six Hundred Fifty Dollars ($3,650.00) for these basic services. ~ IV. COMPLETION DATE .. Time frame is established as eleven {11} months from the date of notice to proceed as directed to the general contractor. ... '. .... -'-- - - -- , CITY OF DELRA Y BEACH DRAFT ... SERVICE AUTHORIZATION NO. 4.1 Page Two .. This service authorization is approved contingent upon the City'S acceptance of and satisfaction with the completion of the services encompassed by the previous phase IIIIIIi and/or service authorization. If the City in its sole discretion desires, the City may terminate the contract during any phase or at the completion of any phase without incurring any further liability. The Consultant may not commence work on any service ... authorization approved by the City to be included as part of the contract without a further Notice to Proceed. .. APPROVED BY THE CITY CONSUL T ANT OF DELRA Y BEACH ~ DAY By: ~- OF Larry M. Schneider. AlA . CITY OF DELRAY BEACH, a ~ municipal corporation 01 the State of Florida Attest: State of .. By: County of ____ Mayor The fNgoing instrument was acknowledged before me this __. , day of , .. acknowledged by by . (name of officer Attest: or agent, title of officer or agent), of lilII - - By: (name of corporation acknowledging), a lit City Clerk -.... (state or place of incorporation) corporation, on behalf of the corporation. He/She is .. APPROVED AS TO FORM: )personally known to me) (or has By: ,- produced identification)_~ City Atto rney (type of identification) .. (as identification) and (did/did not) take an oath. II. - ~ Signature of Person Taking Acknowledgment .. Name of Acknowledger Typed, Printed or Stamped .. 576\svauth41.576 .. .. , , MEMORANDUM ---------- -, TO: DAVID HARDEN, CITY MANAGER THRU: LOLA BUTLER, DIRECTOR, COMMUNITY IMP~T~ FROM: JEROME SANZONE, CHIEF BUILDING OFFICIAL ~, SUBJECT: RESIDENT PROJECT REPRESENTATIVE JUST I CATION- FIRE STATION NO. 1, WORK ORDER 593 RE: WILLIAM H. GREENWOOD'S MEMO, DTD MAY 21, 1992 DATE: JUNE 5, 1992 The use of a Special Inspector for Fire Station No. 1 would be beneficial to the City to insure quality and detail compliance with the plans and specifications. The scenarios that could be implemented to accomplish this objective are as follows: l. The most efficient and effective method would be to have the architect supply a Resident Project Representative making him responsible for full compliance with plan specifications and quality of workmanship. We understand that the current dollar amount budgeted is based on a full time inspector @ $48.00 per hour, considering an eleven (11) month projected construction schedule. It is very possible to restructure this part of the contract to have the inspector's hours not to exceed a specific number of hours. In my opinion, roughly 50% of the construction period will require an intense amount of the inspector's attention. This will mainly occur during the first three months (all site preparation and foundation work) and towards the end of the project with the final work. These are the two phases of the construction project where conflicts and immediate adjustments should be monitored and/or made. We would anticipate the actual cost would range from approximately $45,000 (Le., no problems, conflicts, change orders, etc.) to $90,000 (Le. , problems occurring) . 2. Use of a Building Inspection Staff member would allow for individual attention as project manager but he would not be able to handle his normal administrative and inspection functions. We would anticipate having to designate either myself, or the Deputy Building Official for this special project. We did a similar service with Fire Station 12, using staff on a part time basis as the superintendent of cons truc tion. The effectiveness of such an arrangement has been debated and opinions differ. There is also a consideration of the impact on customer services. We would request consideration of filling the vacant building inspector position under this situation. ---~_.- Resident Project Representative Justification Fire Station No. 1 June 3, 1992 Page 2 3. The last alternative would require hiring a construction project manager as a part time employee, who I would recommend be employed by Environmental Services to monitor the project, maintain the records and assure compliance to the plans and specifications. The building & inspection function then remains separate from the special inspector activity. SYNOPSIS The most effective choice would be to utilize scenario fl. This would be in the best interest of the City by not dissipating any of the present service levels to the overall public. The Building Department will be inspecting the project for compliance with code and specifications and the Resident Project Representati ve can monitor the day-to-day problems and quality control at the project. JS/dc cc: William H. Greenwood C:Firesta.l " [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: RESIDENT PROJECT REPRESENTATIVE - CONSTRUCTION PROJECTS DATE: May 28, 1992 The Purchasing Office has completed a brief survey of various governmental agencies for the use of a Resident Project Representative/Inspector for construction projects. Of the nine (9) organizations who responded, eight (8 ) utilize a Resident Project Representative or form thereof, and seven (7 ) of these agencies have in-house representatives. Attached is a detailed memo from Janice Slazyk, Buyer in the Purchasing Office. The resident representatives are in addition to the architect. The employment of the resident project representative is not based on a construction dollar value but on a determined need to monitor the project. Attached is a memorandum from Mr. Greenwood supporting the need for a resident project representative for the Fire Station. Based on the cost, it may be more economical to hire a temporary representative for this project as an in-house employee. This information is provided for consideration at the Commission workshop. ! €Jl '~ " . ()t f - "\ .-, . . / ~ RAB:mld ! :J<..- ~;:. _v '~~,." ~ . C / '-I ~ uc..c ft' r,'J--. l&c~ I ~"- 1 ~i Attachments . J\~ J.-~ -u- I 4c./.J fhl.-t6~o.xo ~{.!<-~ ;...-!~ (, , juLIf~ I . l-! C' ,r:J . " l f / 1 ,,' . ~ /..v~.L I.- ~ ,! < . < I' ;'.. .' .:...a- 'e' -r ~I C' .,' .(J " t:;...- 1...~ ,~, 7& ,.' ~..,.( .' t -...' f "'- ( @ ~~-I" {~I~C. ~ C' ..- "...-~ U~. ... () . " oJ 4 f + j'..J Qu.... . "" '. t c""t { ':' ,,~, ( -c c:' c:' () s,te -IJ ,'-' f ' C ,^ , ~e "~', D~ .;: t.ti4:..'~Y'- It t~ < '=- / ~ ...._~!. r:!d. ( ~ I THE EFFORT ALWAYS MATTERS -- " ", MEMORANDUM TO: ROBERT BARCINSKI, ASST CM ADMINISTRATIVE SERVo THRU: TED GLAS, PURCHASING OFFICER Iff FROM: JANICE SLAZYK, BUYER cp SUBJECT: INFO ON RESIDENT PROJECT REPRESENTATIVE DATE: MAY 27, 1992 As per your request to research Resident Project Representative from area Municipalities and Counties on how common this is in government agencies. The following is a list of Cities and Counties I have contacted for the info on this individual: 1- POLl< COUNTY: Contact: Krisandra Fredricks nofbaAtJh1-$ ~ ~ Phone #: 813/293-4892 ' ~ This County has a Construction Project Coordinator who ~ is an in house inspector who maintains communication ~~ with the Architect and Construction Firm. ~ Also the County has a Reconstruction Coordinator who has ~~ a contract through the Architect and oversees all during .~ a project. ~ '*'~ The most current projects are: Firehouse, EMS Facility, ~-J)~ and Jail renovations. '? CITY OF BARTOW: "'-. Contact: Carol Phone #: 813/533-(2)911 No information ...:.. . PALM BEACH COUNTY: Contact: Engineering Dept. Phone #: 407/684-4000 Palm Beach County has two(2) in house Project Manager/Coordinator at this time. Paul Murray oversees the Courthouse Construction. Ken Jacobson oversees the Jail Construction. no d)-V-A1tvW~ all p~ '. ..- PAGE 2. continued.... 4. CITY OF PALM BEACH: CUL- ~ Contact: Charlie Boggs nO $ /I~ Phone #: 407/838-5410 City of Palm Beach County Engineering Dept. has an in house Construction Manager. Currently, the Architect, Engineer Construction Manager, and Assistant Fire Chief are the watch dogs for their Fire Headquarte~s under construction on a daily basis. C" CITY OF ORLANDO: ,J. Contact: Engineering Dept. a,u.., ~ '", Phone #: 407/246-2146 nD 11 II 'YI''/- This City has an in house Project Manager who organizes and the Construction Manager who is the watch dog of the projects. 6. PALM BEACH COUNTY SCHOOL BOARD: Contact: Facility Design Dept. . Phone #: 407-434-8510 ~ OJ,,{ f'~~ The School Boards Facility Design Dept. has in house Project Managers who handles many projects. This person communicates to the Architect and Contractor. 7. BROWARD COUNTY SCHOOL BOARD: Contact: Facilities Dept. no 1I1,md4 , Phone #: 305/765-6120 ~pt'O~ The Broward School Board has Construction Supervisors in house who oversee various projects such as School Construction 8. BROWARD COUNTY: Contact: Engineering Dept. Phone #: 305/357-6264 The Broward County Engineering Dept. has four(4) in , house Project Managers who oversee a project from a.J.)... p rv;-:f ~~ start to finish. The different projects are split nu , I,~ between the four as needed. ~ 9. CITY OF ST. PETERSBURG: Contact: Linda " . ~ Phone #: ::31:5/893-7400 nO:; rJv / c/.L 0.-. der'{;j~. Project Manager would be hired through the Architect for ~ the particular project. This person would oversee all ~b~ phases of the project. Currently no such person is tf~r,N needed. 10. CITY OF WEST PALM BEACH: Contact: Ri chard Pi tman .pro 1f5(/O ~ Phone #: 407/659-8040 In The City of West Palm Beach doesnot have a Resident ~ Project Representative at this time. Currently they are building a Police Station and are working very -"-.."-.".- ". .1:- PAGE 3. continued..... closely with the Architect. A piece of added information, Mr. Pitman explained to me a Threshold Inspector would come into the picture for buildings that are 4 or 5 stories high. For our purposes we would not need one. In conclusion, it looks like in house personnel is what other Cities and Counties have for projects like our Fire Headquarters. '. .. - - r . DEPARTMENT OF ENVIRONMENTAL SERVICES RECEIVED - MEMORANDUM NAY 2~ '992 TO; DAVID T. HARDEN CiTY MANAGER'S OFFICE CITY MANAGER FROM: WILLIAM H. GREENWOOD /kJ1J (j DIRECTOR OF ENVIRONHENTAL- SERVICES----- -- ---, .-- - - -- -.- - .- -. -. .-.- . . SUBJECT: RESIDENT PROJECT REPRESENTATIVB JUSTIFICATION -FIRE STATION NO. 1,WORX ORDER 593 ~ DATE: HAY 21, 1992 - -- ..- - ._. .. The following is in response to your request on May 18, 1992: We estimate that approximately fifteen (15) bids will be received for this Project. Based on the current competitive bid market we anticipate that the low bid will be substantially lower than the amount budgeted. This will result in an initial savings to the t '. . city. The bid of the Contractor who is low will probably represent a dollar amount close to his - cost- with n perhaps a -very- marginal profit markup. The Contractor may attempt to reduce the quality. of construction or to submit artificial claims for change orders to supplement his profit markup. He will probably have an on-site project Manager to coordinate this in addition to his on-site Field Superintendent. We feel that an on-site Resident project Representative (RPR) is necessary to assure that quality of construction is maintained and to dispute potential "bogus II claims by the Contractor. It is important that this RPR be the Architect's representative to maintain direct lines of communications and accountability. If the City decides to hire an RPR independent from the Architect these direct lines are severed. The ci ty could find itself in the middle of all issues of accountability. Even if the issues are resolved amicably, unnecessary time will be spent by the city staff and the Architect that could have been devoted to more productive items on the Project. Recent history with the construction of Fire Station #2 has shown that scheduling and quality control have a direct relationship to involvement of the RPR. A Project of this magnitude needs a qualified RPR on a daily basis to monitor and control the Project. Fire Station #2 fell behind schedule early in the project. We feel that this forced the Contractor to accelerate the Contract items constructed at t~e end of the Project in order 1 of 2 -. . .. . I' , ~ to fulfill his .Contract completion date. This could possibly explain the quality of the floor tile installation, leaky windows, leaking roof, etc. Attention and monitoring the progress of the Project from the start would help to minimize the number of these problems throughout the job. The question has been raised about the possibility that the Building Department, because of bad economic times, could assign someone to the Project to handle all the duties of the RPR. We feel that the Building ~ Inspector-- and the RPRprovide two separate - functions. The Building Department's function is to inspect the work to insure technical compliance with the code and permitted plans. The RPR's responsibility is not only to insure that it is built to code but also to the Architect's and Owner's standards and meets the construction schedule. The City wants a completed facility that is built on schedule, under budget and of quality construction. A full time RPR working for the Architect is our recommendation to help achieve this goal. Another question raised by the City Manager on May 18, 1992 from William Andrews was as follows: Does the contract documents ~. ~require prequalifications of contractors? A review of the ... original contract documents indicates prequalification was not -~ ~equired._ This was based upon prior legal advice that a ,. contractor who has a contractor's license and can obtain the .necessary bonding and insurance is a qualified contractor. Any type of prequalification requirements may- create a bid protest. Mr. Robert A. Barcinski., currie, Schneider and Rob Taylor are jointly ~ preparing a prequalifications package which I have suggested be reviewed by the City Attorney's Office for legality. Service Authorizations that we now have, do not contain any backup documentation for the contract administration services or the RPR services proposed by the Architect, Currie Schneider. Per our general agreement with the architect, backup shall be requested in writing of Currie Schneider in accordance with the general architectural agreement which they have executed. WHG:kt cc: Ralph E. Hayden, P.E. City Engineer Rob Taylor, P.E., Assistant City Engineer File: Memos to David T. Harden, city Manager 91-58 CD) RPRJUST.DOC CA) 2 of 2 '. ". - /)Pff-oUEiJ - :}; / '-to J coo {pto!E5S,'O()f}-! S2.,O.;/a=S) Occ-~ $ 1'00,000 {:.PR- -/-0 7/~lq~ - &nv..s Q..,IA-LLSE:.- O/-Lt - PtnA-lk[ c)Au-SE..- in MEMORANDUM mo/lon PftssW 3 -10 I (mOLLW CL5SC,f).fiflq) TO: MAYOR AND CITY COMMISSIONERS (mi. /I(Jf)~ cur 0;::- txolT>) FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 9r;. - MEETING OF JULY 21. 1992 AGREEMENT FOR ARCHITECTURAL SERVICES/SERVICE AUTHORIZATION NO. l/DIGBY BRIDGES. MARSH AND ASSOCIATES DATE: July 13, 1992 This item is before you to approve a standard Agreement for Architectural Services with Digby Bridges, Marsh and Associates and Service Authorization No. 1 to that agreement for the development of the Tennis Center/Stadium. The Agreement for Architectural Services is the basic agreement used by the City to contract consulting services. It contains the standard indemnification clause and provides that any work done under the agreement must be approved by the Commission via a Service Authorization. Service Authorization No. 1 is in the amount of $140,000 (professional services) and not to exceed $60,000 for resident project representative service. The scope of service for this Authorization includes preparation of site plans, construction documents, bidding assistance, construction management services, and resident project representative services for the design and construction of a tennis center. The tennis center shall include an 8,200 seat tennis stadium, club house, approximately 18 additional hard and clay tennis court, and associated facilities. Also contained in the Authorization is a Reward and Penalty clause which provides that the City will reward the consultant $1,000 per day up to a maximum of $15,000 for early completion of the plans and contract documents. Alternatively, if the architect fails to complete the contract documents by August 31, 199.2, the consultant will be assessed a penalty of $1,000 per day. Temporary funding in the amount of $500,000 has been identified in the General Construction Fund (Account No. 334-4145-57.2-63.41). Those funds will be replace when long term funding is finalized. Recommend approval of the Agreement for Architectural Services and Service Authorization No. 1 with Digby Bridges, Marsh and Associates in the amount of $140,000 (professional services), up to $60,000 (resident project representative services), and up to $1,000 per day (not to exceed $15,000 for early completion) i with temporary funding from the General Construction Fund (Account No. 334-4145-57.2-63.41). '. . " ~ DIGBY BRIDGES, MARSH & ASSOC., P.A. CONSULTING SERVICE AUTHORIZATION DATE: July 14, 1992 SERVICE AUTHORIZATION NO. 1 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE 334-4145-572-63.41 PROJECT NO: 92-39 (City) 9302 Digby Bridges, Marsh & Assoc., P.A. TITLE: CITY OF DELRAY BEACH TENNIS CENTER This Service Authorization, when executed, shall be incorporat- ed in and shall become an integral part of the Contract. I. PROJECT DESCRIPTION Preparation of site plans, construction documents, obtaining related approvals, assistance in bidding, construction management services, and resident project representative services for the design and construction of a tennis center. The tennis center shall include an 8,200 seat tennis stadium (which includes 300 four person box seats and 7,000 permanent and temporary seats), club house (approximately 5,000 SF), and approximately 18 additional hard and clay tennis courts and associated facilities between N.W. 1 Ave. ' and N.W. 3 Ave. , north of Atlantic Ave. II. SCOPE OF SERVICES A. The services the consultant shall provide shall include all design, construction administration and coordination services necessary for the design, approval, and construction of the Delray Beach Tennis Center. B. The services to be provided shall include the following phases as listed in the Agreement for Architectural Services: jPhase I - Master Plan/Schematic Design Phase Phase II - Design Development Phase Phase III - Construction Document Phase Phase IV - Bidding/Negotiation Phase Phase V - Construction Contract Administration Phase Phase VI - Resident Project Representative (RPR) Service Phase. The RPR shall be on site on a full time basis to oversee the work and to ensure that the construction is completed according to the contract documents and that the project is completed on time. 1 '. c. In addition to the work outlined in the phases the following shall also apply: 1. In addition to the components listed in phases I through VI the architect shall be responsible for preparation of landscaping (to include xeriscaping) and irrigation plans and provide civil engineering services. 2. All design parameters/ in addition to all City and governmental requirements, shall conform to the AGREEMENT CITY OF DELRAY BEACH FLORIDA AND LIDDUN INTERNATIONAL, INC. and KINGDOM, INC. dated June 5, 1992, which is attached hereto and made a part hereof. 3. site Plan, number an type of courts and stadium shall be in corformance with the intent of the proposal submitted to City commission and city staff July 6, 1992 unless modified in writing by an authorized representative of the City. 4. The design of the tennis facility shall accommodate the existing city wells and provide concrete vaults, submersible pumps and revised electrical service and piping as required. 5. Design and construction schedule shall be submitted to the City on Primavera computer software and clearly display the critical path. All approvals, meeting dates and major events shall be identified. Schedule shall be submitted to the City July 23, 1992. 6. Final construction documents shall be completed on Auto Cadd versions 10 or 11. 7. The consultant (and contractor when construction begins) shall attend weekly progress meetings at the City to monitor the status of design and/or construction and coordinate activities. Meetings shall be held on Thursdays at 2:00 p.m. The meetings shall commence on July 23, 1992 and shall continue each Thursday until proj ect is completed. 2 ". . ~ . 8. Consultant shall provide all services necessary to obtain approvals required which may include but not necessarily be limited to the following: Florida Department of Transportation Florida Department of Health and Rehabilitative Services South Florida Water Management District Palm Beach County Department of Environmental Resource Management Lake Worth Drainage District City of Delray Beach site Plan Review and Appearance Board city of Delray Beach Department of Environmental Services City of Delray Beach Building Department city of Delray Beach City Commission The consultant shall furnish all materials and make presentations to these governing bodies as required to obtain all necessary approvals. 9. Consultant shall coordinate and provide for all utility services and relocations as required, utility coordination and services may include: Electric power Telephone Cable TV/multi media Water Sewer Gas City shall pay costs to obtain and relocate utilities. D. Surveying and soil testing shall be provided by the City. III. BUDGET Compensation for the services shall be as follows: A. Method I - Lump Sum (See VII A.1 of Agreement) Phase I $ 14,000 Phase II 21,000 Phase III 56,000 Phase IV 7,000 Phase V 42.000 Total not to exceed $140,000 3 '. B. Method II time cnarges/not to exceed budgeted amount (See VII A.2 of Agreement) Phase VI Resident project Representative Services. This service requires the RPR to be on site at all times during the contractor's working hours. Hourly charge is based on $50.00 per hour, not to exceed $60,000.00. C. All expenses associated with the preparation and reproduction of drawings and specifications for the development of plans and contract documents shall be at the consultant's expense. The city shall pay reimbursable expenses for plan review, permitting application cost, bidding and printing cost associated with plan review sets, permitting sets, bid sets, and construction document sets. D. Reward and Penalty The City shall reward the consultant $1,000 per day up to a maximum of $15,000 for early completion of the plans and contract documents. Contract Documents must be submitted to the City on August 31, 1992 one hundred percent complete and application for all required regulatory approvals and permits must be completed and submitted. Contract Documents shall be in full compliance with the agreement for Architectural Serviqes and this Service Authorization Number 1- If the architect fails to complete the contract documents and plans by Aug. 31, 1992, the consultant shall be assessed a penalty of $1,000 per day. See section IV completion date. IV. COMPLETION DATE A. It is the purpose and intent of the City to have the Tennis Center complete and operational by February 15, 1993. The completion date for the plans and contract documents ~is August 31, 1992. Time is of the essence for the completion of architectural and construction portions of the project. 4 .._._~ ... This service authorization is approved contingent upon the ci ty' s acceptance of and satisfaction with the completion of the services rendered in the ~revious phase or as encompassed by the previous service authorization. If the city in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the city may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: DIGBY BRIDGES, MARSH & CITY OF DELRAY BEACH: ASSOC., INC. Date Date 16 July 1992 Thomas E. Lynch By: ~3~ Mayor (Seal) . Attest: Approved as to Legal Sufficiency and Form STATE OF Flori da COUNTY OF Palm Beach The foregoing instrument was acknowledged before me this 16 day of July , 1992 by Digby Bridges, President (name of officer or agent, title of officer or agent), of DiQbV Bridqes, Marsh & Associates, P.A. (name of corporation acknowledging), a Florida (state or place of incorporation) corporation, on behalf of the corporation. He/:filhec is (personally known to me) (~xx~~xx~~ i~t~~~Jxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx~~xxxx~~ i~ti~~~Jxx~alJ&XxXliH1<Ixif~ixm<) nd ~l~/did not) take an oath. Name of Acknowledger Typed, Printed or Stamped 5 '. -""_._"..- ,,' .- ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS /' ~I- FROM: CITY MANAGER :;II SUBJECT: AGENDA ITEM i 91-1 - MEETING OF JULY 21. 1992 SERVICE AUTHORIZATION NO. 3/MICHAEL B. SCHORAH & ASSOC. DATE: July 13, 1992 This item is before you to approve Service Authorization No. 3 to the contract with Michael B. Schorah and Associates for engineering and surveying services for the construction of approximately 250 linear feet of roadway on S.W. 7th Avenue, immediately south of S.W. 3rd Street. Staff is currently negotiating acquisition of two properties on S.W. 7th Avenue to be used for construction of two single family homes in conjunction with the Habitat for Humanity program. This roadway extension would provide access to these properties. Recommend approval of Service Authorization No. 3 in the amount of $8,394 with funding from Decade of Excellence Bond Issue - Street Reconstruction (Account No. 225-3162-541-61.17). .. - . ,,' MEMORANDUM TO: David T. Harden RECEIVED city Manager _-1 THRU: William H. Greenwood ~~ JUl7 1992 Dir. of Env. Svcs. ~ CITY MANAGER'S OFFICE FROM: Richard Hasko, P.E. Acting Asst. City Engineer DATE: July 6, 1992 SUBJECT: Engineering/Surveying Services - s.w. 7th Ave. Project No. 92-034 Attached is an agenda request and five (5) originals of service authorization no. 3 for Michael B. Schorah & Associates for approval in the amount of $8,394.00. This service authorization is for engineering and surveying services required in conjunction with the construction of S. w. 7th Avenue for an approximate length of 250' immediately south of s.w. 3rd Street. Construction of this road is necessary to provide improved access to proposed building sites fronting on the right-of-way in this area. The funding source for this work is account no. 225-3162-541-61.17. DH: mm cc: Ralph Hayden, P.E., city Engineer Lula Butler, Director of Community Improvement File: Project No. 92-034 Memos to city Manager DH234706.MRM .. - MICHAEL B. SCHORAH AND ASSOCIATES, INC. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: June 12, 1992 SERVICE AUTHORIZATION NO. 3 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE PROJECT NO. (C I TY ) 92-719 MICHAEL B. SCHORAH & ASSOC., INC. TITLE: S. w. 7TH Avenue - S.W. 3rd Street to 250 FT. (:!:) South This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract, dated July, 1991, between the City of Delray Beach and Michael B. Schorah & Assoc. , Inc. I. PROJECT DESCRIPTION Provide complete Engineering Services for the preparation of contract drawings, technical specifications and obtaining related approvals for the construction of S.W. 7th Avenue from S.W. 3rd Street south for approximately 250 L.F. II. SCOPE OF SERVICES Provide services in accordance with tasks I thru III as outlined in the General Consulting Agreement. Details of the Tasks to be performed are outlined in Exhibit I A I. III. BUDGET It is proposed that the work provided undeer this contract will be done for a lump sum fee of $8,394.00 based on the itemized budget as noted in Exhibit I B I. IV. SCHEDULE The following are estimated completion times for the various tasks (working days): Task I......................................... 7 days Task II........................................ 25 days Task III....................................... 15 days 1. Task I will commence upon receipt of Notice to Proceed by Engineer. 2. Task II will commence upon completion of Task I. This item allows for five-day review periods by City for 35% and 80% submittals. ._'--"~--~'...- .... ". City of Delray Beach Service Authorization - 92-719 June 15, 1992 Page 2 3. Task III will commence upon receipt of City's approval of 100% Task II submittal. Time allowed for Task III estimate is based on anticipated agency review period. 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 service provided in the previous phase or Service Authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any Service Authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH MICHAEL B. SCHORAH & ASSOC., INC. DATE DATE -'JvN& ~t I ~q7- Byg ~ ederick Roth, Jr. , P.E. Thomas E. Lynch TITLE: Vice-President Mayor STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~~ day of 7-U AJt , I~q?-by FREDERICK ROTH, JR., P.E. VICE-PRESIDENT , of MICHAEL B. SCHORAH AND ASSOCIATES, INC. , a FLORIDA corporation, on behalf of the corporation. He is personally known to me and did not take an t . ~-:;''J'''''~.. JOYCE KIH8 ~ j ~ MY COMMIIIlIllN , CC 1lOIII ~ ~J.J ElCPIf&: Ap111. 1_ ." "." .., IIandId 1llIII1lDlIIy NIIIo UIldIlwIlIIrI , r..."" ,. EXHIBIT 'A' TASK SUMMARY TASK I. SURVEY A. FIELD WORK The following survey items will be provided for S.W. 7th Avenue from S.W. 3rd Street to a point 300' (!) south of S. W. 3rd Street. l. Field Topography and Tie-in of all existing improvements within the right-of-way including the beginning and terminal intersections of the road segments to be reconstructed w/topography to extend 25' beyond right-of-way/limits of project. 1" = 20' scale drawings on City-furnished mylars showing field information including but. not limited to: - Topographic elevations at 50' intervals to depict center line grade, edge of pavement grade, location and grade of swale center line and right-of-way, including Cross-section at all P.C./P.T. of Intersection and Center line P.I. - Location and dimensions of existing roadway, pavements, driveways, sidewalks, curb, etc. Distance/ off-set relative to property line, including P.C./ P.T. of intersection returns. - Location of existing utilities and drainage facilities with pipe diameter, direction and invert elevations, rim/grate elevation of all storm, sanitary, other accessible structures (except Florida Power and Light/ Southern Bell). - Location of all trees, shrubs, mailboxes, signs, trees, power poles, fences and other encumbrances found within the right-of-way. - Provide bench marks at 600' intervals maximum. 3. All labor, equipment and materials necessary to furnish the above described complete base map survey drawings. Base map to include bearings/distances, curve data on all base lines. TASK II. ROAD DESIGN Engineering services will include the design and specification of the paving, grading and drainage modifications related to the proposed improvements to S.W. 7th Avenue (limits noted --_.-_.,.~- ----",._"- ,,0 . EXHIBIT - 'A' TASK SUMMARY (CONTINUED) previously). The proposed facility will include 24' paved roadway with swale drainage to existing inlets on S.W. 3rd St. Plan sheets to be provided will include: Plan and Profile (In = 20') Typical Sections Signing and Markings Details and Specifications Intersections and Geometric Design as necessary TASK III. CITY APPROVALS Submit documents to City for reviews and obtain required approvals. .. . EXHIBIT 'B' COST BREAKDOWN TASK I - FIELD WORK P.L.S. 4 hrs X $ 70.50 = $ 282.00 Eng. Tech IV 10 hrs X $ 54.00 = $ 540.00 Compo Tech 8 hrs X $ 46.50 = $ 372.00 3-Man Crew 14 hrs X $ 84.00 = $1,176.00 Secretarial 1 hr X $ 30.00 = $ 30.00 TOTAL TASK I.............$2,400.00 TASK II - ROAD DESIGN Principal 4 hrs X $117.00 = $ 468.00 Eng. II 40 hrs X $ 64.50 = $2,580.00 Compo Tech 20 hrs X $ 46.50 = $ 930.00 Eng. Tech III 18 hrs X $ 45.00 = $ 810.00 Secretarial 7 hrs X $ 30.00 = $ 210.00 Printing = $ 100.00 TOTAL TASK II............$5,098.00 TASK III - CITY APPROVALS Eng. II 8 hrs X $ 64.50 = $ 516.00 Eng. I 6 hrs X $ 45.00 = $ 270.00 Secretarial 2 hrs X $ 30.00 = $ 60.00 Printing = $ 50.00 TOTAL TASK III...........$ 896.00 Travel Expenses: NO CHARGE Testing: Testing may be required on various items throughout the design and construction period. The engineer will pre- pare necessary information and provide it to a City- approved testing firm. The City will be billed, through the engineer, AT COST for testing services provided. ._-~.....~_.,-_.-- ". ... ~ M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # q:I- - MEETING OF JULY 21, 1992 REQUEST FOR DIRECTION - ALTERNATE MEMBERS ON THE CODE ENFORCEMENT BOARD DATE: JULY 16, 1992 At the regular meeting of January 29, 1991, the City Commission voted to reduce the number of alternate members on the Code Enforcement Board from seven to two, with the reduction occurring gradually through attrition. A copy of the minutes from that meeting is provided in the backup material. The number of alternate members on the board is now three. A request has been received from the Code Enforcement Administrator for additional alternate members to serve on the Code Enforcement Board since two of the current alternates are rarely able to attend the meetings. Attendance sheets for 1991 and 1992 are provided for your review. A quorum consists of four (4) members. Meetings are held on the 2nd and 4th Tuesdays of each month at 1:30 p.m. in the Commission Chambers. Commission direction is requested, as follows: (1) Does the Commission wish to rescind their previous decision and add more alternate members to the Code Enforcement Board? OR (2 ) Does the Commission wish to replace the existing alternate members with persons who would be able to attend the meetings at the scheduled time? Staff recommends replacement of existing alternate members who are unable to attend the meetings as opposed to increasing the number of alternate members on the board. Based on direction received from the Commission, staff will take the action necessary (Le. , notification, advertising) to bring this item back at a later meeting for the appropriate appointments. '. .' . ". - M E M 0 RAN DUM TO: Lula Butler, Community Improvement Director FROM: Richard Bauer, Code Enforcement Administrator SUBJECT: CODE ENFORCEMENT BOARD ~ DATE: June 17, 1992 We have an immediate need for additional alternate members for our Code Enforcement Board. We now have two alternate members who rarely are available (both work out of Delray Beach). At the last Board hearing, we lost the quorum at 3:30 P.M. and closed down. Robert Desjean indicated to me he was interested in being an alternate on the Code Enforcement Board. Bob operates East Coast Finance and Mortgage Company at 75 Northeast Sixth Avenue, 1201, Delray Beach. In any event, we need more alternates appointed as quickly as possible. With two Code Enforcement Board hearings per month, we need as large a pool of CEB members as possible to draw from. RB:mh /1__ t {lb~ Fi;1- 1/ () . ':'- ./ erA 4.<-!C. :/ It r \ 1 - ~.",'If~D _0 ~ . . .. oJ -- ! 11 ' 7 92 _.. " 'oROVEMlNT rv liON . -" '. M jqq. ~ CODE ENFORCEMENT BOARD ATTENDANCE MEMBERS January February March April May June Regular ,.., 10 clY I t.{ JCZ /L{ q J..j I L( J~ II .l~ Jlc Tim Onnen p p A f A A P p It: P Joel Port P A r f p P p r p A Beril Kruger p p r A r p p P A P ~ .. ---_. Susan Gracey p p p p P A p P (> P Dominick Sarlo A F A P P A p' P A P Richard Raab p p p P f P r r p p Richard Eckerle p p p p P f r p p p - Alternates A It ft ,~ ) It Ii (t- iT A Catherine Newkirk /r John Goodman ' /4 A- ft A Pr A A It P ft Fred Fetzer /1 A A A A 11 A- (1 II f) "-"--_.. '" . - f q g l CODE ENFORCEMENT BOARD ATTENDANCE MEMBERS January February March April May June regular u_ C{ Jl la c:2b \1 ~6 <1 d.~ I~ 1~ I \ Tim Onnen p p P A Pr P p p F p f~ Joel Port p P A r p 1) P f P P It Perry DonFrancisco p p p f p e p p F P P -- Susan Gracey p p p p p p p P f P P Dominick Sarlo 'Jff-'jv"': ;1 t/s tJ it P A \') p. A P A A Richard Raab ~ ).H~')v'~ ;./.. If, P A P P P f P f A- A ~ - Richard Eckerle - {'ev ii.J r I j P p P P ,~ P P P A P ,} ... ' I'{ - ALTERNATES - Beril Kruger A Pr !+ A A A A P A P 1+ Catherine Newkirk P A A A A A It A A /'1 P --.-. . - -. . . - . John Goodman /1.,; fJ~ v\\ ';J d, A P Pr A It A Pt A A P - - --- Fred Fetzer ~~j , / t A A A- A- I A Pt Pr A I~. ;jrJp.?V41 It .-- - Ron Rickert .l/l~hV~ la~h A Pr Pr ft A Pc Pt ^' A- A- --.... -- -- ....---.. ." - .- ..-._.,. . -...- '. - CODE ENFORCEMENT BOARD ATTENDANCE _.~-_.--'_._.~ -.. ,.. . - MEMBERS July August September October November December -- ---- . - - Regular C 13 \j d1 10 )L{ q ~.1 J~ r I~ 10 , \ ~. \ P P P A- A Pie p A i Tim Onnen p p ! , .___ J. _ ~ , Joel Port A A- A P A r {:J \ p r p p! -- I Perry DonFrancisco p ,4- p p p _._~r_ PAP P Pi\ A-IA If P r Susan Gracey p p p p p p ~ r-~-I--------- Dominick Sarlo A A P A AlA A P A'PPI Richard Raab A p P P rTp-- -f -.p \ p lp - A \ · P I ,---:- -- I \ Richard Eckerle p p P f'if> P'p1pip r!i -1--- t I , ~ - ---T-\- - 1- ALTERNATES -- -- ~ \ I I ~Ip Beril Kruger P fl A f+ A AIAiA- Pc: -----~ -1 - - ._- -. ' , '. ., Catherine Newkirk f p A A P I A Pr ' A ; A ! (l- A A It P A _ A-I_0.~_ - -'-1- -; i i John Goodman f't 'A :/1 !(t- IA I i 1! \ I Fred Fetzer 1(1 A It ft- A- \ A ~Pr i A . I~ : (1- : A It ! - - --- l -- ---.- -..- -- Ron Rickert A A A- A ' I , . I I -- -.- - -1- --- ; - --1- I , I I i I I : I ! i I ' ! I , I i , I I \ I I I I i i \ i , I I I I , , , -.-.-'''-''- " , - vendor who is providing it at this low price and he feels it is more ( practi~al to install it now be,fore. the ~ui.lding is ~ina~ized. It 1S helpful from a service perspect~ve ~n add~tlon to mak~ng It an attrac- tive feature in the event the building should be used by the public at some future time. Dr. Alperin moved for denial to fund the elevator installation, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mr. Mouw - No; Dr. Alperin - Yes; Mr. Andrews - Yes: Mr. Ran- dolph - No; Mayor Lynch - Yes. Said motion passed with a 3 to 2 vote. 1...:..2.:. Appointment o,f A Member to The Cc:de Enforcement Board. The Commission is to cons~der the Mayor's aPPol.ntment of a member to the vacant subcontractor's position on the Code Enforcement Board. Deferred from 1/8/91 regular meeting. Dr. Alperin moved for no appointment and enter into a theory of reducing the number of alternates with a reduction gradually by attri- tion, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes: Mayor Lynch - Yes; Mr. Andrews - Yes; Mr. Mouw - Yes. Said motion passed wit~ a 5 to 0 vote. 9.P. Appointment of a member to The South Central Regional Waste- water Treatment and Disposal Board. The Commission is to consider appointing a member of the Community to the SCRWTO Board and, if appro- priate, establishing the length of term of service for such appointment. It Dr. Alperin requested that this appointment be advertised. Mayor Lynch suggested that the term be extended to coincide with the Commission term of office of April, 1992, since it is a joint board. The Commission concurred. 13. Comments and Inquiries on Non-Agenda Items: 13.A.l. Dr. Alperin stated the members of the P&Z Board should be recognized and commended for their time, effort and dedication. This was very evident at the Public Hearing he attended last night for future projects and needs within the City for infrastructure, particularly. Mayor Lynch requested, on behalf of the Commission, that Mr. Kovacs please convey their appreciation. Or. Alperin suggested that the Commission give direction to staff to find some answers regarding potential projects and problems confronting the City so they can be prepared to respond to these people as quickly as possible. 13.A.2. Mr. Andrews stated there was a comment concerning crime in the City. He requested that the Commission be supplied with a quarterly crime report that would include a simple map showing the locations. 13.A.3. Mr. Andrews suggested that the Commission have an opportunity 1t to make comments following Workshop meetings. The Commission agreed. -25- 1/29/91 .. - . ) ') " -""-- ---- ,,' - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 9::r - MEETING OF JULY 21. 1992 AMENDMENT TO THE CONTRACT WITH ELKINS CONSTRUCTORS. INC. DATE: July 10, 1992 This item is before you to approve an amendment to the contract with Elkins Constructors, Inc. in conjunction with the Water Treatment Plant Lime Softening Conversion Project. The proposed amendment modifies the construction contract to provide that if the contractor can show the City how to reduce the cost of the project and we agree with the change, the contractor gets 25% of the savings. The consulting engineer (CH2M Hill) has reviewed the proposed amendment and recommends approval. There is no immediate cost associated with this amendment. Recommend approval of an amendment to the contract with Elkins Constructors, Inc. .. - . ,,' CONTRACT MODIFICATION May 22, 1992 (WRITTEN AMENDMENT) Dote: Contract Modification No.: 2 Work Change Directive No.(s) --- Owner: City of Delray Beach Project Name: Water Treatment Plant Improvements Project No.: SEF30787. B7. 70 Contractor: Elkins Constructors The following modifications to the Contract are hereby ordered: (Use additional pages if required) Add to Article 11 - CHANGE OF CONTRACT PRICE after Section 11.10.3, the following section (enclosure). I Contract Amount I Contract Time (Calculate Days) I Original S 3,985,000.00 Original Durations 365 Days Previous Contract Modlllcatlons S 92,316.77 Previous Contract ModIllcatlon 0 Days (Add/Deduct) (Add/Deduct) This Contract Modlllcatlon S 0.00 This Contract Modillcatlon 0 Days (Add/Deduct) (Add/Deduct) Revised Contract Amount S 4,077,316.77 Revised Contract TIme 365 Days The Revised Contract Completlon Date Is: (unchanged) February 9 . 19 93 I Owner I Contractor I By: By. ~))&2VL Date: Dat~ 0'~2- - (2.8) 12/90 FORM 437 '. " .. / , Attactunent 1 Value Engineering Change Propo8als (VEep). 11.11 General. This clause applies to any cost reduction proposal (hereinafter referred to as a Value' Engineering Change Proposal--VECP) initiated and developed by the Contractor for changing the drawings, designs, specifications, or other requirements of this contract. This clause does not, however, apply to any such proposal unless it is identified as a VECf by the Contractor at the time of its submission to the Owner. 11.11.1 Definition. All VECP I S must: 1. Result in a savings to the Owner by providing a decrease in the cost of performance of this contract without impairing any required functions and characteristics such as service life, reliability, economy of operation, ease of maintenance, desired appearance, standardized feature, fire protection features, safety features. Contractor not responsible for determining impact on required function and characteristics. 2. Require, in order to be applied to this contract, a change order to this contract. 11.11.2 VECP Content. As a minimum, the following information must be submitted by the Contractor with each VEep. 1. A description of the difference between the existing contract requirement and the VECP, and the comparative advantages and disadvantages of each. 2. An itemization of the requirements of the contract which must be changed if the VECP is adopted, and a recommendation as to how to make such change. 3. A definitive estimate of the reduction in costs of performing this contract that will result from adoption of the VECP. 4. A prediction of any effects the VEep would have on other oosts to the Owner, such as Owner-furnished property costs, costs of related items, and costs of maintenance and operation. Contractor not to be held liable for deviations from good faith predictions. 1 ,,' ~!. 02:l0PM FROM CH~M HILL DtLKAY ~~AGM l~Ml~~K .... oJ' J I I - '. 5. A statement of the time by which a change order adopting the VECP must be issued 80 as to obtain the maximum cost reduction during the remainder of this contract, noting any effect on the contract time. 11.11.3 Right of Withdrawal. The Contractor may withdraw, in whole or in part, a VEep that has not been accepted by the Owner within the period specified in the VECP. 11.11.4 Invalid Proposals. A VECP shall be considered invalid I if the idea has been considered previously by the Owner I or the Engineer. To avoid such a claim, the Contractor shall immediately be informed, in writinq, of any contemplated OWner/Engineer initiated change orders that would reduce contract costs. 11.11.5 Owner Action. 1. The Owner shall notify the Contractor of the status of the VECP within 30 days after the contracting officer receives it. If additional review time is required, the owner shall notify the Contractor of thi. within the original 30-day period. The Owner or Engineer shall not be held liable for any delays in acting upon a VEep. 2. If a VECP i8 not accepted, the OWner shall notify the Contractor in writing, explaining the reasons for rejection. The notice of rejection shall be submitted within the 30-day period referenced in 11.11.5(1) above. 3. Any VECP may be accepted, in whole or in part, by the Owner. The Owner may modify a VECP, with the concurrence of the Contractor, to make it more . acceptable. If any modification increases or i decreases the savings resulting from the VECP, the I Contractor's fair share will be determined on the basis of the VECP as modified. Unless and until a chanqe order applies a VEep to thie contract, the i Contractor will remain obligated to perform in t accordance with the terms of the existinq contract. The OWner may accept in whole or in part any VECP submitted pursuant to this clause by issuing a change order which will identify the VEep on which it is based. 11.11.6 Payment. If a VECP submitted pursuant to this clause ! is accepted under this contract, an equitable adjustment in the contract price shall be made. The 2 '. ~ / equitable adjustment shall be determined by the following method: Determine the Contractor's change in cost of performance based on installed cost only (not including overhead and profit), multiply by 75 percent, and subtract this number from the original contract price to determine the adjusted contract price. Contractor is guaranteed 25% of contractor's estimated VEep cost/credit. . costs of processing or implementation Of~C~ ~\~ will normally be considered in the es~ . However, City reserves the right, wha it deems such action app$Q riate, to require Contractor to pay the City's cos investi nq and implementing a VECP submitted by the or as a condition of considering such propo re such a condition is imposed, the Contr or shall in . ate his acceptance thereof in wr g, and such accepta shall constitut ull authority for the City to uct amou payable to the City from any monies du r become due to the Contractor under the contrac . 11.11.7 Rights to Data. 1. The Contractor may restrict the Owner's right to use any sheet of a VEep or of the supporting data, submitted pursuant to this clause, in accordance with the terms of the following legend if it is marked on such sheetl These data furnished pursuant to a value engineering incentive clause and shall not be disclosed to other than the Owner and Engineer, or be duplicated, used, or disclosed, in whole or in part, for any purpose other than to evaluate a value engineering change proposal submitted under said clause. This restriction does not limit the Owner's right to use information contained in these data if it is or has been obtained from another source, or is otherwise available, without limitations. If such a proposal is accepted by the Owner by issuance of a change order under the "Changes" clause of said contract after the use of these data in such an evaluation, the OWner shall have the right to duplicate, use, and disclose any data pertinent to the prop08al a8 accepted in any manner and for any purpose whatsoever, and have others so do. 3 --- .._- ...-.-...-....-. - , ~ 2 . In the event of acceptance of a VECP, the Contractor hereby grants to the OWner all rights to use, duplicate, or disclose in whole or part, in any manner and for any purpose whatsoever, and to have or permit others to do so, any data reasonably necessary to fully utilize such proposal. Contract modifications made as a result of this clause will state that they are made pursuant to it. 11.11.8 Pa~ent for Re~ected proposals. In the event that the Eng1neer and t e Owner accept a VECP presented by the Contractor which is subsequently withdrawn by the Contractor, the Engineer's costs realized for evaluatinq the VECP will be reimbursed by the Contractor. This clause is applicable only if Owner's acceptance occurs within the time frame stipulated in Section 11.11.2.5. Any VEep not accepted prior to deadlines stipulated in Contractor's VEep can be withdrawn by Contractor and no liability will exist for Engineer'S evaluation costs. 4 - SUBJECTY~h~_~ //. //-~-Rf__ BY ~ c;.... b.20ATE Yf/fz L!~~~_~_ ~~fr~oaIi/. / (.:Mt:lll' #Z~~~q~_____ SHEET NO.___OF_ ___ PROJECT No#r<.J...-')2...~7. l3 7. 70 ----- \ $/?t...,I C~;?frPC~"'; kkfi~ ~/ .f~V;"e"~ ~l:"CA6;" ~J~r~y /'-/~/ ~ C;7 ~ c/ /~tH'S1t~*'Y ~~W~ ~'Y/~~ ~/u-t/~ /~OS'e7~ Cj/€CP) /'Q/XS a- bKd/~1 ~C/~/M ftY" C//7 ~ ~~/~, Tt~ ~/ # h/ /h ~7 A ~J ~~~e/ ~ 6<!!"~1'~~/ ~ /h ~k4t'"76--- k ~?~ t/Ec~'; ~ ~C)% ;4 zs% o~ ~_~AP/'-if h<<.5 //-aU",-b? /e/ h ~/j ~~./k----. .~7k~ ~AI1~/ ~~S '/UI-/ 6r:::-~~ ~-L-f'~t?J'C-~I?&-k: /"'; /:J~~ 0/ /~ r<p~d ~~-h/ ~ /~ .::::::e''':;?A~.4y'"/ ~~-/ /'/ ~ c:...o~+e;>c~--.J /~s/~ /-f ~~e--4!"?~~ -~ &;f ~5/_r-t'Jo/~ ~ -6"fJ~/ /ss~_ -/ ~~ ,Tt{/ /_j1J"'~ a>sh _ Uj/'V 6~ ~A~/ fr~' ~&-q;:< ~ 07 kV/// ~~"-oe 7 S 'Y"" 0 /', 1/ E C-,r? ....:;5.::::;- V/ j1./'> ,/ -/ /Z4 / ~ dCC.~~~! ~ ..5/~y ~~-/ //~-<' Ul~ ~J ^~-~ ~ c;7.s5~:;!J, /4!/V-fJ 0#.Jt" C:O//YJ~c/ ~~~tC/~ <-/ ~,,~~xp~r/ .:5~C"4C/lsh r:~ k ;4~r'!J ~~~~J' 5U'/7~5-/ /~. ~S/~ "'r~J-~7/// c.,;#,;d,. G- 4 s '~dr;4"~~. r JL , --.-....-..-- '," > MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ~ '~. ' ' FROM: CITY MANAGER {I\ i SUBJECT: AGENDA ITEM i 9~ - MEETING OF JULY 21. 1992 CHANGE ORDER NO. 3/ELKINS CONSTRUCTORS. INC. DATE: July 13, 1992 This is a change order in the amount of $11,199 to the contract with Elkins Constructors, Inc. for miscellaneous in-scope changes integral for construction of the Water Treatment Plant Lime Softening Conversion project. The in-scope changes include: -use of standard weight block instead of light weight masonry; -changing storm drainage piping from 27 inch diameter to 30 inch diameter; -adding two four inch pressure release valves on sludge thickeners; -use of PVC pipe for potable water line instead of mill steel; -use of rigid conduit instead of PVC on signal wiring; -replacing TEFC gland air cooled sealing system with water seal system on chlorine system; -deleting a filter connection and piping on the EIMCO equipment; -installing seal water, drains, and backflow preventer in conjunction with the Nagle pumps; -deleting low oil level switch and low level indicating light on sludge thickeners; \ -correcting typo in spec documents to reflect conduit size No.10, instead of No. 1 ; -upgrading the voltage for the two 20 inch raw water main valve actuators from 110 volts to 480 volts; and, -upsizing to 15 h.p. the electric motors for the filter washwater pump. Recommend approval of Change Order No. 3 in the amount of $11,199 with funding from 1991 Water and Sewer Revenue Bond - Water Treatment Plant Conversion - Buildings (Account No. 447-5164-536-60.31). ~Ch.O~#31 'J:vrr; ~ A-n1 ./--1 ct If, ,;lOO ~~:jfd, ~ Cf-- wd:h ~ IiY ~ # /5 /6 of-/7 wd:J; ~ I 5-0 '. ". - CHMHILL CONTRACT MODIFICATION Date: June 23, 1992 (CHANGE ORDER) Contract Modification No.: 3 Work Change Directive No.(s) N/A Owner: City of Delray Beach Project Nome: Water Treatment Plant Improvements Project No. SEF30787.BA.11 Contractor: Elkins Constructors The following modifications to the Contract are hereby ordered: (Use additional pages If required) Provide materials, equipment, and labor for work described In Request for Quotations 1,2,4-8, 12, 14, and CR 12, 19, and 22. Contract Amount Contract nme (Calculate Days) Original $ 3.985.0c0.00 Original Duration 365 Days Previous Contract Modifications $ 92.316.77 Previous Contract Modification -L Days (Add/Deduct) (Add/Deduct) This Contract Modification $ 11.199.00 This Contract Modification -L Days (Add/Deduct) (Add/Deduct) Revised Contract Amount $ 4.088.515.77 Revised Contract TIme 365 Days The Revised Contract Completion Date Is: February 9 , 1993 Owner Contractor Engineer Recommendation By: By: c.... Date: Date: Date: [,' - Z 9 - <1"?- (2.4) REV 12190 FORM 273 ,. ,,' .. ( '" '" '" REQUEST FOR QUOTATION TRACKING LOG"* "* '" FOR WITHIN CONTRACT SCOPE CHANGES SCHEDULE A ######### File: RFQDB1.WK1 ######### Updated: CH2M Hill Project: Delray Beach WfP Lime Conversion 06/17/92 ######### Project #: SEF30787.B7.10 Original Contract: $3,985.000 Original Contract Complete: February 9. 1993 --- --------- ------------------------------ --------- -------------------------- I I Initiation I I Final I I No. I [}ate I Keyword Description "* I Settlem ent I Disposition/Com m ent s 1--- I --------- I ------------------------------ I --------- I -------------------------- I 1 I 03/25/92 I eMU weight changed to standard I ($2,500) I ~2 I 03/25/92 I 27" RCP repface wI 30" RCP I. $4,200 I F.O.#2 I 4 I 03/25/92 I Add (2) 4" PRV's I $2,604 I Started from CR #11 I 5 I 03/25/92 I Steel pipe for W2 replaced wI PVC I ($2,500) I I 6 I 03/25/92 I PVG conduit changed to RSC conduit I $703 I Started from FO #6 I 7 I 04/22/92 I TEFC gland air cooled sealing sys. I ($700) I Started from CR #14 I B I 04/22/92 I Delete filter connection e. piping I ($2.1 BB) I Started from CR #13 I 12 I 05/11/92 I Nagle V5. Wilney pumps I $6,940 I I 14 I I Sludge thicl(ener level indicator I ($1 ,500) I I 15 I I Change electrical conduit size I $666 I Started from CR #12 I 16 I I Upgrade electrical power to valves I $4.382 I Stal1ed from CR #1 9 I 17 I I Electrical motors 15hp VS. 10hp I $1,092 I Started from CR #22 I === I ========= I ============================ I ========= I ======================= I FINALIZED CONTRACT TOTALS ~t11,199 --------- ============================ --------- ----------------------- --- --------- --------- ----------------------- * Ex planation attached I I ,. " Attachment No. Explanation 1. Contractor recommended using a standard weight block instead of lightweight masonry for a cost savings. 2. Storm drainage piping was changed from 27-inch diameter to 30-inch diameter because of lack of availability of 27-inch pipe in Florida. 4. Added two 4-inch pressure release valves on sludge thickeners. 5. Contractor recommended using PVC pipe for potable water lines instead of mill steel at a cost savings. 6. Engineer recommended using rigid conduit instead of PVC on signal wiring to reduce interference. 7. Replace TEFC gland air cooled sealing system with water seal system on chlorine system. 8. One less filter connection and piping is required on EIMCO equipment at a cost savmgs. 12. City requested Nagle pumps late in the design process which require seal water. drains, and backflow preventer to be added. Plans were designed around Wilfley pumps which do not require seal water. Both pumps were specified in bid documents. 14. Delete low oil level switch and low level indicating light on sludge thickeners for a credit. 15. Typo in spec documents on conduit size No. I should have been size No. 10. 16. Two 20-inch raw water main valve actuators require 480 voltage instead of 110 V. 17. Electric motors need to be upsized to handle 15hp filter washwater pump. IOOIIOAF.DFB '. ,I MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t1J1 SUBJECT: AGENDA ITEM i 9L - MEETING OF JUL Y 2 1 . 1992 CHANGE ORDER NO. 4/ELKINS CONSTRUCTORS. INC. DATE: July 13, 1992 This is a change order in the amount of $3,629 to the contract for Elkins Constructions, Inc. for modifications to the irrigation system as a part of the Water Treatment Plant Lime Softening Conversion. The scope of service for this change order includes: -removing the existing irrigation system pump; -deleting the four inch gate valve and adding two new control valves; -relocating the new controller and rain sensor to the lime building; -making required irrigation line changes; and connecting the new eight inch water line. These changes will prevent rust staining of the buildings by using finished water for irrigation instead of raw water. Recommend approval of Change Order No. 4 in the amount of $3,629 with funding from 1991 Water and Sewer Revenue Bond - Water Treatment Plant Conversion - Buildings (Account No. 447-5164-536-60.31). 5-0 '. , - -'~'--""- ..----.... " .' - CHMHlll CONTRACT MODIFICATION Date: June 23. 1992 (CHANGE ORDER) Contract Modification No.: 4 Work Change Directive No.(s) N/A Owner: City of Delroy Beach Project Name: Water Treatment Plant Improvements Project No. SEF30787.B7.80 Contractor: Elkins Constructors The following modifications to the Contract are hereby ordered: (Use additional pages If required) Modify Irrlaatlon system as described In RFQ No. 3 to place Irrlaatlon system on finished water Instead of raw water. Contract Amount Contract Time (Calculate Days) Original $ 3.985,(0).00 Original Duration 365 Days Previous Contract Modifications $ 103.515.77 Previous Contract Modification ~ Days (Add/Deduct) (Add/Deduct) This Contract Modification $ 3.629.00 This Contract Modification ~ Days . (Add/Deduct) (Add/Deduct) Revised Contract Amount $ 4.092.144.77 Revised Contract TIme 365 Days The Revised Contract Completion Date Is: February 9 . 19 93 Owner Contractor Engineer Recommendation By: By: ~ Date: Date: Date: '-l~-7'L (2.4) REV 12/90 FORM 273 '. ELKINS CON S T Rue TOR SIN C. June 4, 1992 Ms. Eleanor Carney CH2M Hill Hillsboro Executive Center North aoo Fairway Drive, Suite 350 Deerfield Beach, FL 33441 Subject: Delray Lime Conversion Request for Quotation No. 3 Elkins Change Order Proposal No. 7 Dear Ms. Carney: In response to the above referenced RFQ, Elkins proposes to perform the required modifications to the new irrigation system as shown on the revised drawings M-1, c-a, C-10 and E-6 for a lump sum of $3,629.19. The scope of work includes removing the existing irrigation system pump, deleting the 4" gate valve shown on the original drawing C-8, adding (2) new control valves, relocating the new controller and rain sensor to the lime building, making required irrigation line size changes and, connecting to the new a" W2 line. The existing pump controls will remain. This proposal is valid for 30 days. Please issue a change order as soon as possible so that we can proceed with the work. Should you have any questions concerning the scope of work, please call me. Sincerely, David Hamilton Assistant Project Manager DH/keh cc: M.L. McMurray/file J. Noerr Enclosure Commercial. Medical. Utility P.O. Box 2396 . Jacksonville. FL 323)3 . (904) 384-6455 . FAX (904) 387-1303 ,,' -,..,- PIPING SPECIAL TV SHEET ELKINS Ci\ii.T . U C T oa ."'iNc." Page of__ Project /I eE.l ~ A::n I:;l,.j ~ Proposal # . ~~Q3 System . Dale Specification CbPl By MATERIAL OUTS/DE LABOR QUAN, DESCRIPTION RENTAL HOURS UNIT TOTAL EQUIP, 1.-6'- ~~~IJ~ 1O=-~L ~~ Ib PuM..P \ 4" 6u..~~E- If' ~'i:.'-~E. t~ <.:0 L \ ItJf.'fJkA 8~~T'6E. \O~ ,\b ~ ~ U \1 (\'w\jPuJ6 'l S'a Z- l. &II~~ '-'d 2.co 5lP 52- - , E~ ~~I...) L.t MfL.. ~lJ) G lq, &> \(.E~ <Sue:,. 2.~ 15 c.o SLb-'~ 1tt.3 lli ?01Z 80 zy (p Uf 0 SM..Ji- S. 1 \ l.PO 'l( \'S.I~ - 2D4- 9~ 3cp3, W q.:> /0 sAAu.. lzA;;(J. q, COI.l~ l't ~ - S~_ IDrA-L ~l 3155 B2- - 41 ~ J:J:.--e.- - I~ 1-0 37 ~c\!.. - \ 1(40/0:> 45 3.10 ~L~"2..-9 1'\ A.vr:: ~ ~ L2-))( 17 .u~ :: ~'-\ . l oJ ( ,) X n. ~r- ~\. ~\ ~ /'-Il)".t.t< -::. I~.'c(" '. MEMORANDUM CHMHIll. TO: ELEANOR CARNEY /OFB COPIES: JERRY BAHN/OFB FROM: PETE BREOEHOEFT/GNV DATE: JUNE 16. 1992 SUBJECT: RFQ #3 - IRRIGATION MOOIFICA TIONS PROJECT: OELRA Y BEACH LIME CONVERSION MEMO #: 158 PROJECT #: SEF 37087.B7.70 I have reviewed the information submitted by Elkins Constructors for RFQ #3. dealing with the modifications to the irrigation system. per your instructions. The unit prices. subcontractor quotations. and markups appear to be reasonable. The submitted quotation is fair and equitable. I recommend we accept this quotation. ____.__m.__ --.. ~ M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # 9n7 - MEETING OF JULY 21, 1992 CHANGE ORDER NO. 5/ELKINS CONSTRUCTORS, INC. DATE: JULY 15, 1992 This is a change order in the amount of $22,628.02 to the contract with Elkins Constructors, Inc. on the Water Treatment Plant Lime Softening Conversion project for replacing the filters and pliable mats on the four air stripping towers (normal maintenance), repairing/replacing piping brackets and spray nozzles inside the towers (normal maintenance), and rerouting 6" spent acid solution piping to filter backwash recovery basin for compliance with new pre-treatment regulations. The scope of service for this change order includes: - provide equipment and labor for removing top sections of 4 air strippers; - replace packing material and pliable mats (owner furnished) in each tower; - replace gaskets, stainless steel bolts and nuts as needed; - install stainless steel rods (6 per unit) and reinstall top of air strippers; - reroute spent acid solution to filter backwash recovery basin; - repair any brackets, spray nozzles or piping inside the stripper towers; and - install one 12" butterfly valve and provide one spare butterfly valve for the air strippers. Staff feels there is a considerable savings realized by having this maintenance work done now by the contractor in conjunction with the Lime Softening project by integrating this work with other similar work activities already performed under Elkins' contract. Recommend approval of Change Order No. 5 in the amount of $22,628.02, with funding from Water and Sewer Renewal and Replacement - Equipment Replacement (Acct. No. 442-5178-536-61.76) . ~ "f '. . . CHMHIll. CONTRACT MODIFICATION Date: JUlY 8, 1992 (CHANGE ORDER) Contract MOdfflcaf/on No.: 5 Work Change Directive No.(a) N/A Own.r: Glty of Delroy Beach Profect Name: Water Treatment Plant Imorovemer'lts ProJect No. SEF30787.BA,11 Contractor: ElkIns Constructors The fOllowing mOdifications to the Contract Ore hereby ordered: (Use additional pages If required) ProvIde eaulom~nt and lobor for removlno too aectlons of 4 air strlot?ers, reolace oocl<lnc m9terlal and ollQt;>lft mals (own~r furnlsh~d) In each tower, reoloce caskets. stainless steal bolts and nuts as needed. Install stainless steel rods (6 oer unit) ond reinstall too of air strlo09rs. Reroute sQent aclQ solution to filter backwash recove;'; basin. Repair any brackets, soray nozzles. or ololne Inside the strlooer tower. Install one twelve-Inch butterflY valve and or9v1de one ~oare butterfly valve for the air strlDoers, All 4 units shall be ooeratlonal uoon comoletlon of work. "- Contract Amount Contract nm. (Cafculat. Day.) Orlglnol S 3.985,00).00 OrigInal Duration 365 DoY' PrevIous Contract ModificatIons $ 107 .144.77 PrevIous Contract Modification -L Days (Add/Deduct) (Add/Deduct) this Contract ModifIcation- S 22.628.02 _ this Contract Modification -L Days (Add/Deduct) (Add/Deduct) Revised Contract Amount $ 4.114}72.79 Revised Contract TIme 365 Days The Revised Contract Completion Dote Is: February 9 , 19 ~ lithe coat of all wort< except the repair work related to the spray nozzles and Internol piping will be lump sum. The CO$t of the repair work will be determined by force account. Owner Contractor Engln..r RecommendatIon By: By: By: 4_ C-. Dote: Dote: Date: _ ? - 9 - '7 2- (2.4) REV 12/90 FORM 273 '. . Chanqe Order 5 Recap Water Treatment Plant Air Stripper Towers 1) Mat replacement $13,841. 09 2) 6" spent acid solution piping $ 6,259.65 3) Replace one 12" butterfly valve/provide one spare $ 2,527.28 ---------- Total Change Order #5 $22,268.02 ---------- ---------- .., - ,- ~ .,,/ . ~. .,......... . ..... JI"'C ELKINS IU;ooo'-......'4l.ll..n":...A,oI....,:....:.w.___.......fIIf.....fIIl.llIII ~~ 0 N S T Rue TOR S I ~ c. May 19, 1992 All 111/1114.. ~Wl/l Ms. Eleanor Carney, P.E. !fiAt IuIACML,Jr - fr /J f 4/. D' CH2M Hill ) Hillsboro Executive Center No~th 800 Fairway Drive Suite 350 Deerf1eld Beach, FL 33441 RE: Delray Lime Conversion Request For Quotation No. 11 Elkins Change Order Proposal No.5 Dear Ms. Carney: In response to the above referenced request for quotation to replace the packing material in the four stripper towers onsite, we offer the following lump sum proposal. Elkins will provide all labor and equipment ~equired to remove each stripper tower top section, replace owner furnished packing material. reinstall stripper tower top sections, and place them back into service for a lump sum amount of $13,841.09. Materials to be supplied by Elkins are limited to those listed in the attached breakdown. We have estimated this proposal with the understanding that only one stripper tower can be out of service at any time. Alsot we have made the assumption that this work is not a "shut-down" that would impact plant operations and, therefore can be done during regular work hours. Attached is a breakdown of the costs associated with this additional work. Please review and issue a ~ontract change order ao that we can proceed with this additional work. This proposal is valid for 30 days after which, the ~osts are subject to change. Should you have any comments or questions concerning our scope of work, please call me at thIs office. Sincerely, 1-- T.;1t1/ ~ /,-j ;' ~ 1~/_,__1 - :; J :~ .. David Hamil ton ccz M L. McMurray Jerry Noerr Enclosure ; I I : : i Commercial. Medical. Utility I I P.O. Box 2396 · Jacksonville. FL 32313 . (904) 384-6455 · FAX (904) 381.1303 .. P.03 ~~ ~ PIPING SPECIAL TV SHEET ELKINS CO"'" U C10I. I "C.c - Page 01___ Project TkLe*"" ~. C~Ji E.~'S I o,J PrOpQ:iill II ..---- System toP 0- ! 12FCx. 1/ Date Specilicaliorl . - By _ MATERIAL OUTSIDE ~BOR QUAN. DESCRIPTION RENTAL HOURS UNrr TOTAL EQUIP. Ll II II ~ ( 1/4'1) M 8'3'2. tJo l::I -~ ':1Ir~t....E.~ ~ 4 \ ,\ ( '/e;' ') z~ ~O ta., 2 - Co tdr~L6--..::,. (10 ~ ('/ FJ" '; _. y , " C ~IUi:.("'I;. It...> c.l 40 "l8 i -" - '1 c.A1.A...JJ.. H c- 64..w. ~1"t.J pp~ I \:.>v rN ~ W .. '\~ SST- ~ (a:/'/-,-~ IctL ~~..;r'~) ~ 1'2. ~qS 5"z. 2.\.( SSi t2..'P':> (P~~Iu.,. TE:i;s~) 20 ?-~ '4~ 1..y (~/UJJrr ) L$I ~<...kl""~ ~- Hu~~(.p ~"-l.)o A1t~ ~ -<':';'0 "lS c:c I - 2. q. (h; 80 Ta..J ('.-ILt~ 1'30 Cp '~I20 c..o (l., Utls II)~ ra) - - -- I I 4 MA-rJ CLe..w - 2. M~u. lu..s '3 ()Ir\j ~ /utJ (1"'" (I'tvf::.' ~~ 1~.2 .. ;) \"\ 1Q 3tN X. I\~." - ~~ ~--z. ?o .- I~ <SJft2.IIS'la..;~ 4 Ut~ /u,J II ~. i)" 16. , - 1:. ~ ,t. - ~ce. CD ":;> MA1.l. ~ ct. eu...~. ()J i,)lo 0: ~l. ~ 2~ 1\ --- --~- -- ~- ~'t"'1n.- l<g3 l~ ~IZo (.() L.~() ~ <.. D{ c. ~ \51 III It-.! <. ~ 5x-B - T<.Tkc Cl~ 3~ 3t"l.o CQ L, c.tJ () to. --. ---- - ..~ lO,......L~$T \ \ 001 14 l~(t> . ~~ - --...-."-- l, 183 .._- - .5u3. - --rc:s....c \ 3, ~1 0 2..1 .- B-+..:t,..s. \'ktVI~ 110 ~8 - -- .. 1bT1n-.- COP cU-:;;- 1\3})tt \ ()q I ... " JUL- 7-92 TUE 16:02 ,ELKINS CONST/JAX FAX NO, 9043871303 P,03 I , .... , :' 1.', ;:,: ' I b'J S I( ~ 1 ALIO - ~ 6 Lf 9. !:! , " ' / '.' '. I'.' " I " I' . ,~~kf:~ii~!~r~,car~ey, P.E. /ll) 8tJf1~'1 UAL.uf. - ~ Z fl7.lJ' '~fJ;A~P.'~~~~;;~fg~~CU~iv~ Centet' North J - leQo Jr1:'~Iwa':.'D'r1ve Suite 350 :D'\~ll.'ttt,: ~'jl!;.'~CI h:' Ft 33441 /~."...'t., ,', <tt:)':' r~t ,) :. .,,, , " I I I~! 1;'1 ' " I'. ' ,S~~p~,f:~F'f.jT~~tray L;l~e Conversion ~::1, ':::1 :h>;';)i~qt\e,~t For Quotation No. 11 : ::':;:' >:,F~i!I,.~~~.p<.iQ~ Cre.nge Order fl'oposal No. SA , . '.11 1;1: \ D.*~;r; ," ,;i;,~,a):!ney~ ; '.. : II' . ':' ~':. : . . ., " \. ." , , ,:~~:tfi~~:i/ rf.:~~:;pt pe1ray Beach's request. ~e have ~ormulated this proposal to ':r'~~QP~'1'l:.~~~"ex~~tin8 acid solution from the stnppers to the f..t1ter wash ,,"i:~?'P;f:,W);~~~~~~n):' reps.ir t'VC pipin$ in th~ strippers as required; while we are "~t<l11fl:~~:m~$~~" t~;, th~' fout exi~tini Iit#ipper towers. and provide two new 12" t~Y~~~:;r-I"t:~"f~J:' b~tte\"f1y va~ve,s as per o~r conversion today. The ,attached '1?i~~~'~.i~' '~.'~jli~.~1?W&: thJ!, costs ass.ocia~ed with thIs additional work. Please note ::'t,~~~'~:~ ~,:ifi~~~it': of tbe PVC piping' ~n the strippers will be done on a tiUll! & I~a;,~~~~. !t.&{~~~~:ls f.',the costs ~hQwll in the breakdown are an estlmi'l,te basec1 on :A~;~f:~~'~'l~~~~l~;~it~ MJ:. Don ~l~y '(He.d Op~tator) . The total cost f.or this :~~~~,~,~f;A~~i~i~;..prppo,"al i~ $22,628..0~ ($,13,841.09 + 8,,186.93). ' ,,1;I~~~: ,,~~t~,;~t.~l ,be done 1n conjunctioll with the additional Tio:rk address~d in ~he'i';~~~~'f~a.~ I COP No. ~ All concUt~ona- ,and assumptions stated 'in our original G~~', :ri,~~~i~,:;!~ ,e~fect. Thi~ price 1s .va~~d fat' 15 days froQl today 18 date. . ~~~~a;rX~p,:~ave; any c.01ll.1llen~8 or ,quest1qps concerning our scope of work" plea.se C;~+,l: ~rr",~;f~, :th1s, office. ' . ' '" " i: '., ' I ,: ,S~t\F,~~~~Y:.', " " .' ': : I ~~l~S'i~.~~.'I:auCTORS INC., , , ,," '" [t"'II' I I,' I ," ~ <'"'_.:....' 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'" u.. iile i' '\ ~ ..,1 ~ ig ~~ ~ i~ '" Ill' " p~~ ~ \ " I i ~.." .."'~ '" ::;~ ... ~~ " ~ "\ 0 q ~ " 0 I'.:: '\ <: <H P \ ~ < ~~~ (G) 1")-1(', ) R ~VlQ) t::t1'" ) !..~ t "'~ ~II ".0." l) "1l) ~ g Q~~ Ill;, ~ '0 ';'''' -::~ ~" 1!liW I ~ .., "" o ~ i. ~!I~ :II ~ ~~ ~~~ -.., 1;!lhi r 8 '- ..~ ~ n& . , I -lffi :~g ~ l:illl r il ~~~ ~"'I"')~ 'lid a ~'~ ..,- "'- ~ .~b ~ ..~ "~,, ..~<: ~ ~~.. o.Q~ 02 r ~" ~ini'! ! "O~ ~ "'.~ ;;I=ii ..1 ~'''' -~" ~;~S:; . "-~o ! ~I~a~! . __ji.di~ '. - -..".'"" ...---~ ---~'-'..~'----'.' --~ '. . - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER PJv1 SUBJECT: AGENDA ITEM i 9H - MEETING OF JULY 21. 1992 CHANGE ORDER NO. 8/DATA FLOW SYSTEMS. INC. DATE: July 10, 1992 This is a change order in the amount of $29,555 to the contract with Data Flow Systems, Inc. for the installation of four (4 ) Remote Terminal Units at Raw Water Wells 8, 9, 12 and 15, one Remote Terminal Unit at Lift Station lOA, and one ( 1 ) Remote Terminal Unit a t OWens Baker Re-pump Station. This change order is necessary for continuing the planned expansion of our telemetry control system. Funding is available in Water and Sewer Telemetry - Sewage Lift Station (441-5161-536-64.05), pending approval of the accompanying budget transfer request. Recommend approval of Change Order No. 8 to the contract with Data Flow Systems, Inc. in the amount of $29,555 with funding from Water and Sewer Telemetry - Sewage Lift Station (441-5161-536-64.05)i together with the budget transfer necessary to cover the cost of the change order. 4 +-0 I C mfutOi ~) '. - - -.---- .~. - _.._---"~.~--^ City of Delray Beach Departmental Budget Transfer (1) Departmental Une Transfer (2) Date July 1. 1992 (3) Interfundllnterdepartmental Transfer (4) Batch Number :5"'3 /p:::'/ -:;) / (5) Requested By: Georqe Abou-Jaoude. Deputy Director of Public Utilities (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN 441-5181-536-69.01 Miller Park Storage Tank Engr $ 29,555 441-5161-536-64.05 Telemetry - Sewage Lift Station $29.555 (10) TOTAL $29.555 $29.555 . . JUSTIFICATION: Budget transfer necessary to cover the cost of Change Order No.8 to Data Flow Systems, Inc. for additional RTU's to be installed in Raw Water Wells 8, 9, 12, 15; one RTU at Lift Station lOA and one RTU at Owens Baker Re-Pump Station. Requesting approval for change order and budget transfer on the July 14, 1992 City Commission Meeting. Department Head 4t/ <1 j~ Of> .d_'A.-"r~7>'~[' -J /7 Ir1.-- (, r- Asst City Manager Budget Officer City Manager (11) Budget Revision Date (12) Control Number (13) Period (14) Count ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT '. - . , _.---q" . . , Delta J.~lo"" Systeo1.S, 11)(:. .. June 29, 1992 , --- - Mr. Bob Bullard, Mnint. SUl,t. I::nvironmental SDrviQ~. Department 434 S. Swinton Avenue Delray Beach, FL 33444 Subject: Add-on RTUs Dear Bobi I am pleased to off~r a quotation far additional RTUs. There have been no prjce irwl'eases for our preferred customerR, therefore, the priceR that have prevailed for the past year will apply. .. .-- I hope you will call me if I cnn offer any additional assistance. Thank you for this opportunity to offer our services. Sincerely, Data Flow SYAtems, Inc. , Steve Sales Dum Plow S~'s(ems. Inc. · P.O. n(.lX 2650 · MelhnlJrJl\;}, rlorlda :i~~n2.2000 . (407) 7J9-0596 ". - \I, ~ L Ill... . ILL' . , - I - '" -- ~ .I. L_' .1_ .. , , ~ . , , ~ ....1 _ , , ' - , . . QUOTATION CITY O;F DELRA Y BEACH DEPARTMENT OF ENVIRONMENTAL SERVICES June 2Q, J 992 Data Flow Systtma, Inc. is pleased to offer quotations for B,d d i t ion a 1 remote terminal units (RTUB) for the department's TAC JI Telemetry Systcm. All q\lotations include turnkey installation, installation supplJost and Wllrranty. Only those items listed are included in the quotation. , RTUS (9r Raw Water Well~.~gs. 8 . 9. 12. 1~ I Each unit includcR: RTU03 (accommOdl1l~8 RIM and two function modules) 316 S5 enclosure with anodjzed backplate Radio Interface Module/Radio.CRlM) Digital Control/Monitor Module (DCMOO2) Power Supply Module Yuasa NP2.6-12 battery Cushcrnft PLC4510N antenna with COAX cnble Antenna tower, mast and ground rod . . Four (~)" RTUs ~ $4,500 each i. . . . . . . . . . . . . . . , $18,OOO.OOi _ -- QP.Il~'f~~o-:U"'~9Y RTU unit include:;: RTOO.1 (accommodates RIM Bnd two fun<:tion modules) 316 sa enclosure with anodized backplate R~dio Interface Module/Radio (RiM) Vump Control Module ( PCMOO ,1 ) Power Supply Module Yua~a NP2.6-12 battery Cushcraft Pl.G4510N antenna with coax cable Antenna Lower. mast and ground rod , I.. 7 "'-- 11--:) <." ~ ~- /- - 1('-'" '11.1 _/ ~- Data Flow Systems. Inc. '. . - . . , . . . Quotation City of Delroy Bea.ch Department of Environmental Services June 29, 1992 Page two ./ h..... RTU for Owens Baker Road Re-PumD Statiqn The I/O requJrcmontR for this site will U~~ Lhr~~ fuhclion modules. This configuration will leave empty module slot . the RTUOS one in 6nulo::lul'6. An opt ion is offered for the larger. RTU07 enclosure, which wi 11 leave three expansion slots available. The unit includes: RTOOS (nccommodRles RIM and four function modules) 316 58 enclosure with anodized backplate Kadio Interface Module (RIM) Digital Monitor ModUle (DMM001) Digital Control Module (nCM001) Analog Monitor Modole (AMMOOl L Power Supply Module Yuasa NP2.6-12 battery CushcraCt PLC4510N antenna with coax cable Antenna tower, mast and ground rod One (1) RTU ~ $6,490 . . . . . . . . . . . . . . . . . . . . . . . $6,490.QO Optional RTU07 ~dd~r . . . . . , , . . . . . . . . . . . . . . . . $ 285.00 Note: a J 1 conduit used for instaJlation is schedule 80 PVC condu it unless otherwise noted. --- .., M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERtfit/1 SUBJECT: AGENDA ITEM :# 9 0 - MEETING OF JULY 21, 1992 PROPOSED CHANGE TO POLICE AND FIRE PENSION PLAN - ANNUAL REPORT BY DISABILITY RETIREES DATE: JULY 15, 1992 On April 15, 1992, the Police and Fire Board of Trustees voted to amend Section 33.62(C) (6) (a) of the Code of Ordinances to change the mandatory submission of an annual medical report by a disability retiree to require the submission only if directed by the Board. The affected Section 33.62(C) (6) (a), in addition to requiring a medical report, also requires the submission of a statement showing the amount of compensation the disability retiree received in the preceding calendar year from social security, Workers' Compensation and any other employment. While staff is supportive of changing the requirement for the medical certification, the provisions with respect to the statement of earnings should remain as is. It is our understanding that the intent of the Board was to change the annual submission requirement only for the medical .report. The amending ordinance will need to be carefully drafted to ensure the remainder of the annual report is still required. Recommend acceptance of the proposed change to Section 33.62(C) (6) (a) (1) of the Code of Ordinances to change the mandatory submission of a medical report by a disability retiree to require the submission only if directed by the Board of Trustees, with direction to staff to prepare an enacting ordinance. @ '. r41~reM-' M E M 0 RAN DUM RECEIVED JON 1 0 1992 TO; David T. Harden City Manager CITY MANAGfP.'S n~~fCE FROM: Joseph M. ~ Director of Fi a SUBJECT: Police and Fire Pension Plan Revisions--Annual Report By Disability Retirees DATE: June 9. 1992 Per YOUL request dated June 5, 1992 , this memorandum will provide comments on the pruposed changes to the Police and Firefighters' provisions regarding the submission of an annual report by disability retirees. In the Police and Firefighters' Retirement System Minutes dated April 15. 1992, a motion was made to amend Ordinance Section 33.62 (C) (6) (a) to change the mandatory submission of a medical report by a disability retiree to require the submission only if directed by the Board. This Ordinance change, if adopted as submitted. will not simply change the requirement for a "medical report" but will allow the entire "annual report" to be submitted at the request of the Board because the reference used is the header paragraph of the code section and not the paragraph that specifically refers to the medical report only. The annual report contains other information on funds received by the retiree from social security, Workers' Compensation. and other employment. This information may be required annually to offset a retiree pension check. Therefore, the proper reference of the Ordinance section being changed should be 33.62 (6) (a) (1.) assuming the Board wanted the remainder of the annual report to be submitted on an annual basis. A Workers' Compensation medical claim file is automatically closed if there is no medical activity within a two year timeframe. The required submission of a medical report each year forces a retiree to incur medical costs for the examination and thus forces the Workers' Compensation file to remain open. This would no longer be the case if the medical reports are not required. ;- We would theref~cePt the changes of the Pension Board with the corrected refere to Section 33.62 (6) (a) (1.1). JMS/slh .. 3. If the number obtained in division 1. above, when added to the member's monthly disability retirement benefit from the system, does not exceed the member's average monthly earnings on the date of disability, there shall be no reduction of the member's disability retirement benefits from the system. Once the number of months of suspension has been completed, the disability retirement benefit from the system shall be resumed. Additional benefit adjustments shall also apply as described below in division (C)(7) of this section. ( f) Eligibility for other benefits. In the event that a member applying for disability benefits is also eligible for either early or normal retirement, the Board may, upon the request of the member, pay the early or normal retirement benefit instead of a disability retirement benefit. (6 ) Annual report by disability retiree. (a) Each person currently receiving disability retirement benefits and each ' person who first qualifies for disability retirement benefits on or after the effective date of this subchapter shall be required to submit to the Board of Trustees no later than March 1 of each calendar year a signed and notarized report which includes, but is not limited to, the following information: 1. A medical report from the disability retiree's physician stating whether the retiree is still incapacitated to perform the regular and continuous duties of a police officer or firefighter. The physician's statement must be dated within four months of the March 1 report deadline. 2. A statement showing the amount the disability retiree received in the immediately preceding calendar year from the following sources: a. Social security (primary insurance amount only, not including family benefits); b. Workers' compensation (excluding medical reimbursements); and c. Each employer which paid him any compensation for work performed during the year. Copies of all IRS W-2 forms shall be required for this purpose. 30 .~,_... '^ ." (b) A statement to the effect that the disability retiree understands that if the report is incomplete or incorrect, his disability benefits may be discontinued. (c) In the event that the required annual report is not submitted to the Board on a timely basis, or is incomplete or incorrect, the Board may, in its discretion, discontinue the disability retirement benefits. ( 7 ) Annual benefit adjustments. (a) The monthly disability retirement benefit of each person who is receiving benefits on, or who shall receive benefits after, the effective date of this subchapter, shall be adjusted annually as described herein. First, the sum of the following items shall be calculated for the previous calendar year: 1. The disability retirement benefits paid from the system; 2. The social security primary insurance amounts (not including family benefits), less any cost of living adjustments since the benefit first went into effect; 3. The workers' compensation disability benefits (excluding medical reimbursements), less any cost of living adjustments since the benefit first went into effect, to the extent that such benefits, when added to the member's disability retirement benefit from the system exceed the member's average monthly earnings on the date of disability; and 4. Any earned income (as defined in division (C)(ll) of this section) received as evidenced by the IRS W-2 forms (excluding any sick and vacation pay received from the city pursuant to the disability, as determined by the Board of Trus tees) . (b) The annual rate of earnings of the disability retiree on his date of disability (utilizing the minimum set forth herein) shall then be subtracted from this sum. If there is any excess of the sum over the sum of the disability retiree's predisability annual earnings rate (with a presumed minimum upon the effective date of this subchapter of $30,000) as increased or decreased annually by the city in accordance with the salary funded for comparably funded city positions, then the disability retirement benefit payable from the system shall be reduced. The amount of the annual reduction shall be equal to fifty percent (50%) of any sums up to and including $15,000 of the excess, plus one hundred percent (100%) of the excess, if any, which exceeds 31 ,. . , CITY OF DELRAY BEACH POLICE & FIRE FIGHTERS RETIREMENT SYSTEM MINUTES OF APRIL 15, 1992 MEr-IBERS: Lt. Adams, Sgt. Tustin, Major Lincoln, Leon Weekes, Officer Arena, Lt. Brown. Jack Duane, Chief Wigderson, Mayor Lynch, Steve Cypen GUESTS: Joe Ligouri, Fire Department; Officer Richard Shinhol t , Police Department; Dr. Donald Bebout, Al Damato, Fire Department; Susan Ruby. Asst. City Attorney The meeting was called to order at 2 : 10pm by Lt. Brown, ~hairman. A roll call was taken of members and guests. l. APPROVAL OF MARCH 1992 MINUTES: The minutes were reviewed and corrections made. Officer Arena made the motion to approve the minutes. Chief Wigderson seconded the motion, all in favor, none opposed. 2. DR. BEBOUT: DISABILITY REQUEST FROM OFFICER RICHARD SHINHOLT: Dr. Bebout read, for the record, his formal letter of Officer Shinholt's medical evaluation. The medical evaluation was performed on March 17, 1992. Dr. Bebout stated that Officer Shinholt's back injury was sustained on March 22, 1990. He determined that the injuries are job related and that Officer Shinholt continues to have permanent impairment and has reached maximal medical improvemen t. Dr. Bebout determined that Officer Shinholt is totally disabled from performing the duties of a police officer. Major Lincoln made the motion to approve Officer Shinltolt' s disability request effective April 15, 1992. Mr. Duane seconded the motion, all in favor, none opposed. 3. DISCUSSION: LETTER RECEIVED FROM MAYOR LYNCH (DATED 2-10-92): No further discussion required. 4. STEVE CYPEN: 175-185 BENEFIT STUDY: Mr. <.;ypen stated that on April 7. 1992 he appeared before the City Commission. He stated the Commission re5\uested the Board reques t a study which will compare the cost of strict 175-185 benefits with the cost of the benefits provided by the City. Mr. Cypen stated that he had called Steve Palmquist of Kruse, 0' Connor & Ling and was told that the cost to prepare the study would be approximately $1,500.00. . . .~,. -'-'~-"-----_._~ ." CITY Of DELRil.Y BL:,CH POLICE & FIRE ?IGHT.2:RS RETI?,EHENT SYSTEN -APRIL 15, 1992 PAGE 2 3. STEVE CYPEN: 175-185 BENEFIT STUDY: cont'd. Mr. Cypen stated that the City's definition of extra benefits, from the documents he has seen, are benefits which exceed the State requirement dictated by 175-185. Susan Ruby, Assistant City Attorney. on behalf of Jeff Kurtz, City Attorney, stated that Mr. Cypen's statement regarding the City's definition of extra benefits is incorrect. Ms. Ruby stated that she did not know if the City had a formal definition of extra benefits; but she did agree with the statement made by Mr. Cypen that a comparison study of the 175-185 benefits compared to the benefits provided by the City is accurate. Mr. Cypen stated that his statement was based on written records obtained from the City which indicates their position. The benefit study is being done to obtain factual information. Mr. Weekes made the motion to approve a benefit study be prepared by Steve Palmquist with the cost not to exceed $1.500.00. Chief Wigderson seconded the motion, all in favor, none opposed. Officer Arena will send a letter to Mr. Palmquist requesting he prepare the benefit study. 5. AMEND ORDINANCE 33.62(C)(6)(a) - &~NUAL REPORT BY DISABILITY RETIREE: Officer Arena stated that the Board had discussed establishing a cut-off age limit where the yearly medical report would no longer be necessary. Mr. Cypen suggested that the entire section in question be changed from mandatory to directory. Mr. Cypen stated that Section 33.62(C)(6)(a) can be changed from 'medical report shall be required' to 'medical report may be required'. Officer Arena stated that if the recommendation is approved by the City Commission it will be necessary for Steve Palmquist to write a letter stating that no impact will occur due to this change. Mayor Lynch made the motion to amend the ordinance and recommend to the City Commission that Section 33.62(C)(6)(a) be modified so that a yearly medical report is not mandatory and in so doing change the word 'shall' to 'may' . Mr. Weekes seconded the mot~on, all in favor, none opposed. 6. RESPONSE FROM STEVE PALMQUIST/FINANCE DEPARTMENT - REGARDING RAY GERNER: Officer Arena stated that he received a memo from Finance stating they would not calculate Mr. Gerner's payment and asked Mr. Palmquilit to prepare the figure.. . '. CITY OF DELRAY BEACH POLICE & ERE FIGHT:::itS RL'l:::';::'::::';EiG S~:Sj:;:i< .APRIL IS, 1992 , PAGE 3 6. RESPONSE FROM STEVE PALMQUIST/FINANCE DEPARTMENT - REGARDING RAY GERNER: Mr. Cypen stated that the actuary usually prepares this type of calculation. Mr. Weekes stated that after a conversation with Mrs. Gerner he wanted to inform the Board that Mr. Gerner's health has suffered from this situation and he has not received a benefit check for the past three (3) months (February, March & April) ; nor has the City/Board made the determination as to who is responsible for the payment of the $36,000.OC (approx. ) lump sum payment due Mr. Gerner. Mr. Cypen asked Ms. Ruby if sbe knew if Mr. Kurtz had spoken to Mr. Sicking on this matter. Ms. Ruby stated that Mr. Kurtz had not had the opportunity to talk with Mr. Sicking. Mr. Weekes made a motion to pay Mr. Gerner the $36,000.00. Mayor Lynch seconded the motion. Lt. Adams opposed. Motion passes. Chief Wigder'son made the motion to pay Michael (Todd) Jackson his lump sum payment since his situation is the same as Mr. Gerner's. Major Lincoln seconded the motion. Lt. Adams opposed. Motion passes. NOTE: The exact amount of Mr. Jackson's payment was not known. Lt. Brown will contact Mr. Palmquist requesting he compute the figure. Lt. Brown will inform the Board at the next meeting. 7. OFFICER ARENA - PAYROLL COMPENSATION: Officer Arena stated that per Mr. Cypen's request he contacted the City (Finance Dept.) for a list of every cash/non-cash item. The City in turn is waiting for a letter from Mr. Kurtz which will verify the City's def~nition of compensation. As of 4/14/92. they had not received a response from Mr. Kurtz. Mr. Cypen requested that Officer Arena inform the City that at this time the Board is not interested in Mr. Kurtz's letter since it will only reflect his opinion. The Board only wants the facts as to what is in each category. The information is public record and does not depend on Mr. Kurtz. 8. OTHER BUSINESS: ~Officer Arena made the motion to amend the agenda to include Warrant #50. Sgt. Tustin seconded the motion, all in favor, none opposed. --Officer Arena made the motion to approve Warrants 49 & 50. Mayor Lynch seconded the motion, all in favor, none opposed. -Officer Arena stated that the request to amend the ordinance (60% stock, social security off-set & 25% non-service incurred disability) will be placed on the City Commission agenda for the 4/28/92 meeting. . ' ~~ -"-- CITY OF DELRAY BEACH POLICE & FI~E FIGH~ERS RLT=~ZrtE~T SYS~EM :APRIL 15, 1992 . PAGE 4 8. OTHER BUSINESS: cont'd. -Officer Arena stated that he tried to contact Mrs. Latour (re: refund payment) but her telephone has been disconnected. Officer Arena, per Mr. Cypen's suggestion, made the motion that since the amount of the refund amounts to approximately $294.00 the cost/effort of collection would far out weigh the amount and controversy even if the money were collectible the Board should make the decision that it is in it's best interest dnd that of the fund not to pursue collection. Mr. Weekes seconded the motion, all in favor, none opposed. The meeting was adjourned at 3:10:pm. The undersigned are the Secretary and Chairman of the Police and Fire Fighters Retirement System, Board of Trustees. and the information provided herein are the Minutes of the Meeting of said body for A ri 15, 1992, which minutes were formally approved and adopted by ~e=P~~ic a~d re Fighters Retirement System, Boarp~n May ~2, '-----" ' ,Secretary and . "'~-7~ , ChairmcUt. NOTE TO THE READER: If the minutes that you have received are not complete as indica ted above, then this me,:lns that these are not the official minutes of the Police and Fire Fighters Retirement System, Board of Trustees. They will become official minutes only after they have been reviewed and approved, which may involve some amendments. additions or deletions to the minutes as set forth above. COPIES TO: Members of the Board Asst. Finance Director, M. Walinski City Commissioners Finance Department, S. Muehlburg City Manager, D. Harden Finance Director, J. Safford City Attorney, J. Kurtz Police & Fire Department Bulletin Boards . . .. ------, .....- ,I M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER trJV1. SUBJECT: AGENDA ITEM # 9 P - MEETING OF JULY 21, 1992 APPOINTMENT TO THE CODE ENFORCEMENT BOARD (GENERAL CONTRACTOR) DATE: JULY 15, 1992 Dominick Sarlo, a general contractor and a regular member of the Code Enforcement Board, has resigned from his position effective June 18, 1992, thereby creating a vacancy for an unexpired term ending on January 14, 1994. Section 37.15 of the Code of Ordinances provides, "Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor." Also, each regular and alternate member of the Code Enforcement Board shall be a resident of the city. According to Section 37.17(B) of the Code, "The general contractor and the subcontractor shall possess a valid certification of competency and occupational license recognized and accepted under the laws of the state and the ordinances of the city regulating business of contracting, and where required, state registration as a contractor, or shall possess similar qualifications under the laws of other states, or shall have actual experience deemed by the Commission to be equivalent to a certification." The following persons have submitted their applications for your review and consideration: Richard Brautigan (architect) David Henninger (air Rosalind Murray conditioning contractor) Joann Peart Sid Soloway William Stone (general Anthony Veltri contractor) Horace Waldman Stanley Watsky 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. Based upon the rotation system, the appointment will be made by Commissioner Alperin (Seat #2). Recommend appointment of a regular member to the Code Enforcement Board to fill an unexpired term ending on January 14, 1994. lit JYjl, ~ 6-0 .. '" M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER f11 SUBJECT: AGENDA ITEM # 9 Q - MEETING OF JULY 21, 1992 APPOINTMENT TO POLICE AND FIRE BOARD OF TRUSTEES DATE: JULY 15, 1992 This item was deferred from the City Commission meeting of June 23, 1992, at the request of Commissioner Alperin. The term of Leon Weekes, a Commission appointee to the Police and Fire Board of Trustees, expired on June 30, 1992. Hence, a vacancy exists for one of the two Commission appointee positions. Mr. Weekes does not wish to be considered for reappointment. The term is for two (2) years, commencing on July 1, 1992 through June 30, 1994. The requirement for membership is that two (2) public members are to be appointed by the City Commission. An appointee need not be a resident, property owner or business owner within the city. The appointee must take an oath of office. The following persons have submitted their applications for review and consideration: Herbert F. Freese Melvin Hirth Robert Lees Rosalind Murray Ben Stackhouse Based upon the rotation system, the appointment will be made by Commissioner Alperin. 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 public member to the Police and Fire Board of Trustees to a term ending June 30, 1994. '. " . , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt1'!v1 SUBJECT: AGENDA ITEM # ~~ - MEETING OF JULY 21. 1992 RESOLUTION NO. 76-92 DATE: July 13, 1992 This is a resolution opposing any change in the Coastal Construction Control Line. Recommend consideration of Resolution No. 76-92. 5-0 " . ------ --- - _-==.=.::.~-~--=-..::----===:::.~~.-::=:=:::--=-::=~.-:=--====:::::::::_----:-~----~---:-:......:......--~-=-....:..:.=:=:=:-::-- __nu ______n___ -_._- ~~ -~---- RESOLUTION NO. 76-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OPPOSING ANY CHANGE IN THE COASTAL CONSTRUCTION CONTROL LINE. WHEREAS, the State of Florida is considering a significant westward movement of the Coastal Construction Control Line; and WHEREAS, any movement westward of the Coastal Construction Control Line will likely have a detrimental effect on property values within the City of Delray Beach, Florida; and WHEREAS, any movement westward of the Coastal Construction Control Line will cause undue hardship to the property owners concerned without any discernible public benefit. 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, opposes any change in the Coastal Construction Control Line as presently constituted. Section 2. That the City Commission will take all reasonable measures to prevent the change in the Coastal Construction Control Line as presently constituted. Section 3. That the City Commission requests the Department of Natural Resources to hold another Public Hearing in the winter of 1992-1993 to receive public comment from the City's beach front property owners who are seasonal residents and are thus denied the opportunity to comment on this important issue. Section 4. That the City Clerk is hereby directed to send a copy of this Resolution to appropriate State, County and Local Officials. PASSED AND ADOPTED in regular session on this the 21st day of July, 1992. MAY 0 R ATTEST: City Clerk . ." " M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 1011 - MEETING OF JULY 21, 1992 PROPOSED STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS FOR FY 1992-93 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM DATE: JULY 15, 1992 In accordance with federal regulations, the Community Development Block Grant Proposed Statement of Objectives and Projected Use of Funds for fiscal year 1992-93 is presented for public hearing. On May 20, 1992, at Pompey Park, staff conducted an informal needs assessment to obtain citizen input on the proposed objectives and use of funds for next fiscal year. Several proposals from the community were presented at that time; however, due to the limited amount of dollars available, not all proposals received are being recommended for funding at this time. The City's CDBG federal entitlement for 1992-93 is $514,000. We anticipate receiving an additional $8,000 in program income from our participation in the CRA's Loan Subsidy Program, thereby bringing the total available funds for next fiscal year to $522,000. A listing of the proposed program activities, indicating the amount of funding allocated to each, is included in the accompanying background material. Recommend approval of the Proposed Statement of Objectives and Projected Use of Funds for the Community Development Block Grant program for FY 1992-93. ~ $-0 ~ ~ to ~J Lutufv & ~~~ ~ '. " Agenda I tern No. : AGENDA REQUEST Request to be placed on: Date: JUNE 30, 1992 xx Regular Agenda Special Agenda Workshop Agenda Consent Agenda When: JULY 14, 1992 Description of item (who, what, where, how much): IN ACCORDANCE WITH 24 CFR 570.301 (b) (2) OF THE COMMUNITY DEVELOPMENT BLOCK GRANT REGULATIONS, THE PROPOSED STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS IS BEING PRESENTED FOR PUBLIC HEARING. (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: STAFF RECOMMENDS APPROVAL OF THE PROPOSED STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55).c' A i::~ .______ Department Head Slqnature:~ ':'~ ~ t City Attorney Review/ Reco . ndation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives: (if applicable) Account No. & Descri~ion: Account Balance: ~ ~SO~ City Manager Review: Approved for agenda: ~/NO {f-/1 Hold Until: . Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved " '" - M E M 0 RAN DUM June 30, 1992 TO: David Harden, City Manager FROM: Dorothy Ellington, Community Development Coordinator 8t THRU: Lula Butler, Director, Community Improvement~ SUBJECT: Public Hearing/Proposed Statement, 1992-93 Community Development Block Grant ITEM BEFORE THE COMMISSION In accordance with 24 CFR 570.301 (b)(2) of the Community Development Block Grant regulations, the attached Proposed Statement of Objectives and Projected Use of Funds is being presented for Public Hearing at the July 14, 1992 Commission meeting. BACKGROUND Federal regulations require that prior to submission of entitlement applications for CDBG funds the governmental entity must hold at least one formal public hearing. An informal Needs Assessment meeting was held on May 20, 1992 at Pompey Park to obtain citizens input on the projected use of funds. Several proposals from the community were presented at that time. Because of the limited amount of funding available, not all proposals received by the division are recommended for funding. For example, a citizens group proposed to use next years allocation to install infrastructure on South Swinton Avenue, an eligible use of the CDBG funds. Because of the current waiting list for housing rehabilitation, it was suggested by members of the public present at the Needs Assessment meeting that the project be considered next fiscal year (1993-94) and that other funding sources be explored to serve as matching funds for CDBG. The City's 1992-93 federal entitlement allocation is $514,000. In addition, we expect to receive approximately $8,000 in program income from our participation in the Community Redevelopment Agency's Loan Subsidy Program. Therefore the total available funds for FY1992-93 is $522,000. RECOMMENDATION Staff recommends approval of the Proposed Statement of Objectives and Projected Use of Funds. .. CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PROPOSED STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS FISCAL YEAR 1992-1993 INTRODUCTION The Community Development Block Grant (CDBG) was established by Congress with the Housing and Community Development Act of 1974 to provide local governments and residents with funds needed to work in a comprehensive manner towards the improvement of low and moderate income neighborhoods by providing for capital improvements that would adequately upgrade public facilities and amenities, provide for the upgrading of housing, including stimulation of new housing opportunities; economic development activities, public services, historic preservation; reduce conditions which adversely affect the health and safety of community residents and providing for other community development needs having a particular urgency. Each CDBG activity must address one of the three national objectives which are as follows: 1) Activities benefiting low and moderate income persons. 2) Activities which aid in the prevention or elimination of slums and blight. 3 ) Activities designed to meet the community development needs having a particular urgency. Since the beginning of the CDBG Program (Fiscal year 85-86), the City of Delray Beach's allocation has totaled $3,312,000. All of the funds are spent to improve the area designated as the "CDBG Target Area", which was selected on the basis of the condition of the housing and public improvements, as well as the percentage of low and moderate income residents. FISCAL YEAR 1992 PLAN GOALS The City of Delray Beach has as its overall goal to improve housing opportunities and existing housing stock for the low and moderate income residents, provide for the elimination of blighted conditions that currently exist in the established CDBG target area, to focus the emphasis of the Delray Beach Community Development Block Grant Program on the needs of low and moderate income residents at the neighborhood and metropolitan level. .. OBJECTIVES The City of Delray Beach has as its basic and continuing objectives for Community Development: I) To improve deteriorated housing units, to develop new housing opportunities and the removal of unfit housing. 2) Reduce conditions which adversely affect the health and safety of communi ty residents, including prevention, mitigation and elimination of fire hazards, unsanitary conditions, hazardous conditions and public nuisance. 3) Preserve community resources and character, including protection of natural resources and the preservation of neighborhoods. 4) Continue to provide comprehensi ve planning to guide community growth, including land use planning, capital improvement planning, new housing opportunity planning, and provisions for economic development. The City of Delray Beach's entitlement allocation for the period of October I, 1992 to September 30, 1993 is $514,000. Additionally, the City's Community Development Division, through participation in the Community Redevelopment Agency's loan subsidy program, anticipates approximately $8,000 in program income. Therefore the total budget for FY1992-93 is $522,000. The City of Delray Beach has determined that the primary needs and objectives for community development are: 1) The improvement of housing opportunities conditions through, housing rehabilitation, clearance of unfit housing, planning for housing needs and development of land to encourage new housing opportunities, primarily for low to moderate income families. Development of vacant lots to encourage and provide for infill housing within the established CDBG target area, and the funding of one full-time position to preserve quality of Title XX Day Care currently available to very low income residents in our CD target area. 2) Preservation of the neighborhoods, through the prevention and elimination of slums and blighted conditions. .. , COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Proposed Use of Funds Fiscal Year 1992-1993 Program Activity Amount 1. Housing Rehabilitation $293,389 Anticipated Program Income +8,000 301,389 Provide for approximately 15 housing units to be brought up to standard conditions. Census Tracts 67,68,65.02 Federal Highway, Linton Blvd.,I-95 & Lake Ida Road. 100 % Low/Moderate Benefit. 2. Emergency Repair 30,000 Provide for emergency repair for 8 owner-occupied units within the CD Target Area. (plumbing, electric, roof,etc.) Census Tracts 67, 68, 65.02 100% Low/Moderate benefit. 3. Demolition/Clearance 2,500 Provide for the demolition of approximately 1 vacant, dilapidated, condemned structures and the clearance of the property. Census Tracts 67, 68 & 65.02. Elimination of Slum & Blight. 4. Title XX Child Care (Community Child Care Center of Delray Beach, Inc. ) 21,613 Provide for the funding of one full-time staff position for Title XX eligible child care facility. Census tract 65.02. 100% Low/Moderate Benefit. 5. Delray Beach Housing Authority 25,000 Provide funds for the interior renovation of Child Care facility located at the Public Housing Complex. Census Tract 68.01 100% Low/Moderate Benefit. '. . . 6. Recreation Improvements 30,000 Provide for the upgrade of basketball courts at Pompey Park Census Tract 67 61% Low/Moderate Benefit 7. Community Housing Resource Board 2,000 Provide funding to Promote Fair Housing within the City of Delray Beach. 8. Program Administration & 101,045 Management 9. Contingency 8,453 Total Allocation $522,000 RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN A copy of the City's Residential Antidisplacement and Relocation Assistance Plan is available for public inspection in the Community Development Office, City Hall. " '-. , 499.1879 482-0600 8000 W. Atlantic Ave. G.MAX 10018 Spanish Isle Blvd. Delray Beach, FL 33446 Owner Boca Raton, FL 33498 BID FORM CITY OF DELRAY BEACH SCHEDULE OF PRICING BID "92-24 SECTION 1. TOWING, REMOVAL, AND RECOVERY (ONE HALF HOUR SERVICE AT THE SCENE) ESTIMATED ANNUAL UNIT EXTENDED ._______.___. _________Q!,JAN T.11..LE_S_____ COST CO~T A. Class A (cars, vans, light trucks) Within City _18.80 X $ 37.50 /TOW = $ 70,500.00 - (1) Extra Time at the I " , i ; scene (per 1/2 hr.)* _-'--ee_ X $ 22.50 /1/2 hr = $ 4230.00 ( 2) Do 11 i es _45 X $ 5.00 /Tow = $ 125.00 B. Motorcycles .. .. Within City _1~ X $ 37.50 fTOW = $ 450.00 (1) Extra Time at the scene (per 1/2 hr.)* _~ X $ 22.50 fl/2 hr = $ 22.50 C. Trucks Over 25,000 GVW . Within City 4 X $ 45.00 fTOW = $ 180.00 (1) Extra Time at the scene (per 1/2 hr.)* 1 X $ 22.50 /1/2 hr = $ 22.50 D. Tractor & Trailer ' ' Within City 2 X $ 65.00 fTOW = $ 130.00 (1) Extra Time at the scene (per 1/2 hr.)* ---1 . . X $ 22.50 /1/2 hr = $ 22.50 E. Junk or Abandoned Vehicles Within City 2 X $ 37.50 fTOW = $ 75.00 * = Not to Include Traveling Time SUBTOTAL - SECTION I...... $ 75,757.50 Bid Form Continued next page......... 19 '. . . . __.u__~. SECTION II. STORAGE RATES AND ADMINISTRATIVE FEE .he following rates are for the storage of vehicles. Pursuant to Section 713.78 (2) (C), Florida Statutes, no storage fee shall be charged if the vehicle is stored for less than six (6) hours. ESTIMATED ANNUAL UNIT EXTENDED _ ,.__ _ ___ _ QUA,NtITIES __dU_ COSI______ ____.____ ___~__ _ ~OST 1) Inside Storage _un ___.___ _ _".. _ .... ... Per Day .'\. Cars _3__ X $ 20.00 fDay = $ 60.00 i' b. Motorcycles and " " , scooters _1 X $ 10.00 fDay = $ 10.00 J :: c. Any vehiclE" or trailer over 20 feet _1_~_ X $ /fO.OO /DAY = $ 40.00 " , ! 2) Out$Jge__Storage Rat_e~ Per Day ~ i I; a. Cars _25.747_ X $ _ 1.00 fDAY = $ 25.747.00u h. Motorcycles and scooters _12 X $ 1.00 fDAY = S 12.00 ** c. Any vehiclel I trailer over . 20 feet _1 X $ 30.00 fOAY = S 30.00u .3) L ifi'f}_-=-__T itle__Atfmlnj,,~,t._L~_ti()n__f~e i .. :, To be charged after 24 hours !: (per vehicle) -1.990_ X $ 5.00 fVehicl-e = S 5000.00u , , ; ** ALL OUTSIDE STORAGE RATES AFTER 48 IUH1RS PER COUNTY ORDINANCE 91-35 H' AntHNISTRATtnN FEE RATE AFTER 1,8 HOURS PER COUN,TY ORDINANCE 91-35 . ': SUBTOTAL - SECTION II .... S 30,899.00 : Bid Form continued next page........ I , , ' 20 I C . \ ----._-~ --- - .. ," GRAND TOTAL BID PRICE - SECTIONS I AND I I : $ 106,656..50 BASI.s__OF ~WARD :. This contract shall be awarded to the low "Grand Total" bid submitted by a responsible bidder who meets City Specifications. 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W (/) (/) .... N ,.., I/) (!J(/) 0 '. 05-29-92 RANGELINE TOWING 8000 WEST ALANTIC AVE. DELRAY BEACH,FL. 33446 MR. JEFFERY KURTZ CITY ATTORNEY CITY OF DELRAY BEACH 310 S.E. 1ST AVE. DELRAY BEACH, FL. 33444 RE: BID 1t92-34 MR KURTZ, THE PURPOSE OF THIS LETTER IS TO REGISTER MY FORMAL PROTEST AGANIST THE AWARD OF THE TOWING CONTRACT TO ZUCAL~AS TQWING AS THE SUCESSFUL BIDDER. YOUR BID PACKAGE SPECIFIES UNDER BASIS OF AWARD "THIS CONTRACT SHALL BE AWARDED TO THE LOWEST GRAND TOTAL BID SUBMITTED BY A RESPONSI~LE BIDDER WHO MEETS CITY SPECIFICATIONS." MY KNOWLEDGE OF MATHEMATICS CLEARLY INDICATES TO ME THAT MY GRAND TOTAL WAS THE LOWEST RECEIVED, AND THREBY I AM IN NEED OF A CLEAR EXPLANATION AS TO WHY THE AWARD WAS MADE TO A BIDDER WHO'S GRAND TOTAL IS HIGHER. IN ADDITION,IT WAS MY UNDERSTANDING THAT WE WERE BIDDINQ ON A 1 TOW 1 DAY (AFTER 6 HOURS) RATE. MY BID AS OUTLINED INDICATES THAT I AM A RESPONSIBLE BIDDER WITH NO NEED TO RENbER HIDDEN CHARGES. WOULD YOU PREFER A BID THAT IS UP FRONT WITH CHARGES THAT COULD BE LEVID AGANIST THE PUBLIC OR WOULD YOU RATHER HAVE CREATIVE TOW BILLS TO DEAL WITH? YOUR CHOICE INDICATES TO ME THAT THE AWARD OF THIS BID MUST HAVE BEEN MADE BEYOND THE "BA-SIS OF AWARD" AS OUTLINED IN THE BID PACKAGE. THE BID PACKAGE GIVES REFERANCE TO THE FACT THAT CONDITIONS OR DEVIATIONS COULD VOID A BID. IN ESSANCE YOU HAVE DONE JUST THAT TO MY BID BY AWARDING THIS BID TO A HIGHER GRAND TOTAL BIDDER. I RESPECTFULLY REQUEST THAT YOU REVIEW YOUR DECISION AND AWARD THIS BID TO MY COMPANy,ON THE BASIS THAT MY COMPANY DOES MEET ALL SPECIFICATIONS REQUIRED BY THE CITY AND RANGELINE TOWING IS THE LOWEST GRAND TOTAL BIDDER. . '. PAGE 2 A SPEEDY REPLY FROM YOUR OFFICE WOULD BE GREATLY APPRECIATED TO RESOLVE THIS MATTER AS QUICKLY AS POSSIBLE. I WILL AWAIT YOUR REPLY BEFORE PURSUING THIS MATTER FURTHER. THANKING YOU IN ADVANCE FOR YOUR TIHE. RESPECTFULLY, GEORGE H.BOaKO OWNER .. ~ ,~ . . - . '. [ITY DF DElARY BEA[H CITY ATTORNEY'S OFFICE ". 1.>1 j ." 1 . I' l J i ': ~'1 1} 1 '.. l ll, j I l J h I j) ,\ _, ~ '1 -i . ) .11 I Wr~t_r'_ D~r_ct L~n_ (407) 243-7092 June 3, 1992 George Bobko . Rangeline Towing 8000 W. Atlantic Avenue Delray Be~ch, Florida 33446 Subject: Towinq Contract; Bid #92-34 Dear Mr. Bobko: I am in receipt of your May 29, 1992 letter regarding the above matter. The City Commission awarded the contract to Zucalla Wrecker Service, Inc. on May 26, 1992 at their Commission meeting. This award was based on the fact that Zucalla's bid was the lowest respons~ve bid. The bid which you provided included a condition that county storage rates would apply after 48 hours. Our Purchasing ,# Officer did some calculations and determined that this condition would increase Rangeline's total bid by approximately $378,000. Based on this evidence, and the ,fact that the additional costs were not in the City's best interest, your bid was ~ound(to be unresponsive. Therefore, under Paragraph 16 of the Invitat'ion to Bid, the City exercised its right to not consider your bid and award the contract to Zucalla. It is this office's opinion that the bid process was handled properly. I hope this letter answers your questions. Sincerely, By: JSK:sh cc: Robert A. Barcinski, Assistant City Manager Ted Glas, Purchasing Officer Major Richard Lincoln, Delray Beach Police Department bobko.dnt '. . ~ JUNE 2~::;, 1992 RANGEL I NE TOl'} I NG 8000 WEST ALANTIC AVE. DEUMY BEACH, FL. 33446 I'm. JEFFREY KURTZ C:r TY ATTOf~NEY CITY OF DELRAY BEACH 310 ~:;.E. 1ST AVE. DELRAY BEACH, FL. 33444 f~E : TOWING CONTRACT BID; W32 --34 MR. KURTZ. I RECEIVED YOUR LETTER DATED JUNE 3, 1992 IN REG~RDS ~O THE TOWING CONTRACT. I AM STILL' UNCLEAR FOR THE REASON THAT MY BID WAS REJECTED BY THE CITY. YOUR LETTER STATES THAT THE PURCHASING OFFICE DID SOME CACULATIONS AND DETERMINED THAT MY TOTAL BID WOULD BE INCREASED TO $378,000.00. HOW WAS THIS AMOUNT DETERMINED, AND HOW DOES THE CITY COME TO THE CONCLUSION THAT PAYING $45.00 PER TO\1-J IS IN THE CITY'S BEST INTEREST WHEN RANGELINE BID THE SAME SERVICE FOR $37.50? YOUR RESPONSE TO MY LETTER DOES NOT GIVE ME ANY EXPLANATION FOR MY BID BEING REJECTED OTHER T~AN THE PARAGRAPH 16 OF THE INVITATION TO BID. AFTER SPEAKING WITH SEVERAL OTHER TOWING COMPANIES IN OUR AREA ALL AGREED THAT THE CITY MADE AN ERROR IN AWARDING THE CONTRACT TO ZUCALLAS TOWING, AND ADVISED ME TO PERSUE THE MATTER. AFTER SPEAKING WITH MY ATTORNEY IN HIS OPINION I DO HAVE GROUNDS TO TAKE ACTION AGAINST THE CITY REGAfWING THE TOWING CONTRACT FOR THE CITY OF DELRAY. . '. ... ,. -*,;,. Pl\GE 2 AGAIN, I RESPECTFULLY REQUEST THAT YOU REVIEW YOUR DECISION AND AWARD THIS BID TO MY COMPANY ON THE BASIS THAT RANGElINE TOWING IS THE LOWEST GRAND TOTAL BIDDER. THANK YOU AGAIN FOR YOUR TIME. " SINCERELY, jo GEORGE M. BOBVD ' ~ (3MB:lc . c: c : THOMAS E. LYNCH, MAYOR DAVID E. RANDOLPH, COMMISSIONER JAY ALPfUN, VICE MAYm~ (..lJI L L L I AM F. ANDRE(..lJS, CDMMISSIONER ARMAND MOUW, DEPUTY VICE MAYOR ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER TED GLAS, PURCHASING OFFICER MAJOR RICHARD LINCOLN, DELRAY BEACH POLICE DEPARTMENT . . " ., ",.._ ~~.~ N'un~ GOmplllted on the rev..... aide? 11I I . . f - ~ -. .. J! !2l !" It · · Q.. i.. · (I) . t::? v.> t::? t ~ <'l'~'" ~ 3 ~. ~ ~ ~ -n en en t::? v.> n Lt ~ ~.;:l.~' > c3~ ;I' n n m ~ t:l 0 t:l )> ;; :lII i ~?\ :;. ~ ~ '0 0 ~ Ci' Ci' ~ ..... H tzj !1l II j' a:; it' I ~ Z ::l L . 0 L . 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Industrial Ave. Boynton Beach, Fl 33426 I (407) 737-1212 276-Q477 ". '.' (if i I ~ I , , rr/P7f11jO '10 3( C sILL TO R,O, NUMBER I , AOORESS CITY STATE ZIP i I i I -''''V'''~'' ',,_.~",....-r~ I ,. . ~_., I i NOT DRIVEABLE 0 HOIST TOW 0 I f CONTRACT STORAGE CHG. DAYS AT , I> I I , I MILEAGE CHG. MILE;S AT stORAGE CHG. , DAYS AT .,. REMARKS ffJd(!R.:~'~N)J>9' . TOWING LABOR }.~~:; ~~ I~tk NIGH1,b SUNDAY 0' , \) 1 . ~;. I PROFESSIONAL WRECKER OPERATORS OF flORIDA, INC, ' WINTER PARK. FLORIDA . \ '. '. . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 12A - MEETING OF JULY 21, 1992 ORDINANCE NO. 27-92 (MARKET ORDINANCE) DATE: JULY 17, 1992 Ordinance No. 27-92, or the market ordinance, is once again before the Commission for consideration on first reading. On May 26, 1992, the City Commission requested a final review of the proposed ordinance by the Planning and Zoning Board, Community Redevelopment Agency, Chamber of Commerce and Downtown Development Authority. Comments from the P&Z Board and CRA are attached; no response was received from DDA or the Chamber. Depending on how the Commission wishes to proceed with this ordinance, there are considerations in terms of noticing and advertising requirements. Chapter 166.041, F.S. , sets forth procedures for adoption of ordinances and resolutions. The market ordinance has been determined by staff as one which would substantially change permitted use categories in zoning districts and, as such, would have to comply with statutory requirements, as follows: (1) Should the Commission pass Ordinance No. 27-92 on first reading in its present form (i.e. , provides for markets as a conditional use in both the GC and CBD zoning districts) , more than five percent (5%) of the total land area of the city will be affected. The Commission must then hold two (2 ) advertised public hearings on the proposed ordinance, both of which must be noticed by no less than a one-quarter page newspaper advertisement. 1/4 page ads cost about $750.00 per run x 2 runs = $1,500.00 in estimated advertising costs. (2 ) Should the Commission accept the CRAls recommendation to delete the CBD zoning district, the ordinance would then affect less than five percent (5%) of the land area of the city. We would be required to notify by mail all owners of GC zoned property, and provide this notice at least thirty (30) days prior to the date set for the public hearing. 1-oJd 5-;~ ()Ir7 / . 4+0/ CJ9JI.~~) WJiJ~&~0~ [L b1~ ~1 oj lljfw- ~ // ". . To: Mayor and City Commissioners Re: Ordinance No. 27-92 (Market Ordinance) CC Meeting of July 21, 1992 - Page Two Significant areas of GC areas include the Federal Highway corridors, Atlantic Avenue west of Swinton to the E-4 Canal west of Congress, Linton Boulevard (Federal Highway to Congress Avenue) , and various pockets of commercial development such as Linton/Military Trail, Atlantic/Military Trail, and Lowson Boulevard/Congress Avenue. Further, ~hile not a legal requirement, staff feels it advisable that a newspaper advertisement in display form be provided under this scenario, which would run in the neighborhood of $400 to $500. (3 ) Should Ordinance No. 27-92 fail to pass on first reading, no additional advertising/noticing will be necessary. Recommend consideration of Ordinance No. 27-92 on first reading. - ,. ORDINANCE NO. 27-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING APPENDIX A, "DEFINITIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW DEFINITION FOR THE TERM "MARKET", CREATING A NEW SECTION 4.3.3(MM) "MARKETS"; TO PROVIDE FOR RULES AND REGULATIONS GOVERNING THE DESIGN OF MARKETS WITH THE CITY OF DELRAY BEACH; TO PROVIDE FOR MARKETS AS A CONDI- TIONAL USE IN THE GENERAL COMMERCIAL (GC) AND CENTRAL BUSINESS DISTRICTS (CBD) ; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach has become concerned with the proliferation of markets, bazaars, and flea market type of retailing, and WHEREAS, the City Commission of the City of Delray Beach has determined that the market, bazaar, and flea market type of retailing may have a detrimental effect on property values and the quality of life for the citizens of Delray Beach unless properly regulated, and WHEREAS, it is the desire of the City C9mmission of the City of Delray Beach to establish controls over t~ development of any markets, bazaars, and flea markets within its cit limits. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1- That Appendix A, "Definitions", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Market: A building, also known as a bazaar, flea market, or by another name, where items are bought from independent merchants. Each independent merchant within the market operates at a separate and distinct location, with each location having access via an internal walkway, courtyard, path, foyer, or common area. Items sold include, but are not limited to, household items, antiques, rare items, decorations, electronics, food, clothing, and other miscellaneous items. Section 2. That Chapter 4, "Zoning Regulations", Article 4.3, "District Regulations, General Provisions", Section 4.3.3, "Special Requirements for Specific Uses", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (AA) Markets: ill Purpose and Applicability: The purpose of these requlations is to mi tiqate the impacts which markets have on the surroundinq community. These impacts include, but are not limited to traffic, parkinq, and siqnaqe. The types of markets which are sub;ect to the special requlations of this subsection include those markets which have a qross floor area in excess of 10,000 square feet. ill Special Requlation Considerations: . - ------ '. . - Due to the unique nature of markets, the following shall apply to markets: (al Traffic: The applicant shall, at the time the conditional use application is submitted, submit a traffic study prepared pursuant to the Palm Beach County Traf fic Performance Ordinance, and Section 2.4.3(E) of the City of Delray Beach Land Development Requlations. The traffic statement/study shall provide an assessment of the impacts of the use as a 100\ traffic attractor. No accommodations shall be made for bypass trips or internal capture. On-site traffic circulation shall also be included as part of the study. (b) Parkinq: In addition to the applicable parkinq requirements from Section 4.6.9(C), uses requlated by this section shall provide at least one additional parkinq space for each individual tenant or tenant space. (c) Space Requirements: Within a market, at all times the averaqe active merchant space must exceed 600 square feet, and no sinqle merchant space may be less than 400 square feet. Not more than 40 percent of the active merchant spaces shall have a qross floor area of less than 600 square feet. Averaqe active merchant space is defined as the total square footaqe of leased market space, excludiq aisles, walkways, and common areas, divided by the total number of merchants. I (d) Exception for Special Displays: An exception to subsection (2)(c) is hereby provided in order to accommodate unique and temporary uses which are to be located within the pedestrian ways and aisles. This exception shall allow businesses to be conducted at a cart, kiosk, or similar facility, provided, however, that such uses shall not numr-' qreater than 15 percent of the number of occupied tenant sp, uses within the market. (e) Siqnaqe: Only exterior siqnaqe which identifies the name of the "market" is permitted. Directory siqns and individual business siqns are not permitted. Exterior window siqnaqe is also prohibited. ( f) Public Information Displays: Displays of publiC information and community service shall not be subject to these special requlation considerations. i ill Procedural Requirements: Conditional' Use Required: All uses subject to Section 4.4.3(AA) may be established only after review and approval pursuant to the conditional use process out- lined in Section 2.4.5(E) of the Land Development Requlations of the City of Delray Beach, Florida. Section 3. That Chapter 4, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial (GCl District", Subsection 4.4.9 (D), "Conditional Uses in Structures Allowed" , of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (8 ) Flea Markets pursuant to Section 4.3.3(AA) Section 4. That Chapter 4, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business District", Subsection 4.4.13(0), "Conditional Uses in Structures Allowed" , of the Land Development Regulations of the Code of Ordinances of the City of 2 ORD. NO. 27-92 . - '. Delray Beach, Florida, be, and the same is hereby amended to read as follows: (lS} Markets pursuant to Section 4.3.3(AA} Section S. 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 6. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 7. That this ordinance shall become effective within ten (lO} days of its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of , 1991- MAY 0 R ATTEST: City Clerk First Reading Second Reading I 3 ORD. NO. 27-92 . -_._- -- - - ., . .- C I T Y COM MIS S ION DOC U MEN TAT ION TO: (/~--D~ID T. HARDEN, CITY MANAGER \U~~ FROM~VID J. KOVACS, ~RECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 21, 1992 "FLEA MARKET ORDINANCE" ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of what is commonly referred to as the "Flea Market Ordinance". BACKGROUND: Additional background is being provided by the City Attorney (as to history, issues, and status) and from the City Clerk (as to costs for advertising). This memo deals only with C.R.A. and Planning and Zoning Board reviews. COMMUNITY REDEVELOPMENT AGENCY: The C.R.A. commented on the latest draft at its meeting of June 18th. They asked that the regulations not apply within the CBD zoning district based upon their feeling that the ordinance would negatively impact redevelopment efforts. They specifically identified the potential for a "festival marketplace" at the former Ocean City Lumber site. See attached letter of June 29, 1992. NOTE: Deletion of the CBo zoning district area will result in the proposed ordinance affecting less than 5' of the land area of the City. As such, it may be interpreted as an ordinance substantially affecting land use and individual notice to potentially affected property owners would be required. City Commission Documentation Flea Market Ordinance Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of June 15th. They found that the proposed ordinance was not inconsistent with the Comprehensive Plan. They had no further comments beyond those made in November, 1991- I note that all of the comments have been accommodated with the exception of the minimum floor area per tenant which was recommended at 120 sq. ft. but is required to be 400 sq. ft. RECOMMENDED ACTION: Deferral to the City Attorney. Attachment: * C.R.A. letter of June 29, 1992 DJK/CCFLEA.DOC '. 'I i/ ~ C. A /-1 1<"'-':_1...---'~.l.. . . LI' <_, ~ -;--.."~ ~ ~ ,~,,~ CD Community ~VI ,- " 1..,0 'Redevelopment -;tf.v.....7. ,<.A..4-4'" '_ . ~ Agency Cd! , Delray Beach RECEI\/Eu June 29, 1992 JUl r JYY~ CITY M~NI1r.r ;:)...~, . Mr. David T. Harden City Manager rr~~,.",.,..,.... ,.~. City of Delray Beach I~,." ,.~'. ~ ~ ') ~ I. .. 100 NW 1st Avenue ;,> - '- , J Delray Beach, Florida 33444 ,I. '2 ;;: l . RE: Market Ordinance PL.-'-\tJ'\:; ,,': : /', ',-, . '. . .... -~ .-- '- .: -- Dear Mr. Harden: On June 18, 1992, the CRA Board of Commissioners reviewed the Market Ordinance. We respectfully request that the City Commissioner consider the following: Land Development Regulations, Section 4.3.3, "Special Requirements for Specific Uses", (AA) Markets; (2) Special Regulation Considerations, should not be applied to the CBD Zoning District. We feel that our redevelopment efforts in the downtown including the Ocean City Lumber proposal, to create a festival marketplace, would be negatively impacted by the Ordinance. Thank y, for your consideration. Christopher J. Brown Executive Director Id 207 E, Atlantic Avenue, Delray Beach, FL 33444 (407) 276-8640 I Fax (407\ 276-8558 ,I . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM ~ l;tfj - MEETING OF JULY 21. 1992 ORDINANCE NO. 23-92 DATE: July 13, 1992 This is a first reading of an ordinance amending the Land Development Regulations to prov ide that one of the registered architect position on the Site Plan Review and Appearance Board shall be filled by either a registered architect or a registered professional civil engineer. At the May 5th workshop meeting the Commission agreed in concept to the conversion of one of the lay positions on the Site Plan Review and Appearanc e Board to a registered professional civil engineer as recommended by the Chamber of Commerce's Blue Ribbon Task Force. Subsequently, the Site Plan Review and Appearance Board expressed concerns about the addition of another professional to the Board. At the June 16th regular meeting the Commission deferred action on this item so that the Task Force and SPRAB members could meet and work out a compromise position. On June 24th the Blue Ribbon Task Force and SPRAB met. After some discussion, a c ompromi s e wa s suggested which would allow one of the current architect positions to be filled by either a registered architect or a registered professional civil engineer. That recommendation has been incorporated into the proposed ordinance and is before you for action. Recommend approval of Ordinance No. 23-92 on first reading. p~ { S T f!uuY-- 5-0 .. .. . ". - -_.~ - -_. ---_.~_.._-~ -----, ORDINANCE NO. 23-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER TWO, "ADMINISTRATIVE PROVISIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 2.2.3 (B) , "COMPOSITION AND SPECIAL QUALIFICATIONS", TO PROVIDE THAT ONE OF THE REGISTERED ARCHITECT MEMBERS OF THE BOARD SHALL BE EITHER A REGISTERED ARCHITECT OR A REGISTERED PROFESSIONAL CIVIL ENGINEER; 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 Two, "Administrative Provisions", Article 2.2, "Establishment of Boards Having Responsibilities For Land Development Regulations", Section 2.2.3, "The Site Plan Review and Appearance Board", Subsection 2.2.3 (B) , "Composition and Special Qualifications", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same, is hereby amended to read as follows: (B) Composition and Special Qualifications: (1 ) The Site Plan Review and Appearance Board shall consist of seven regular members. (2) tw~ One regular member; of the Board shall be a registered architect;; one member shall be a landscape architect or a person with expertise in landscaping or horticulture; and one member shall be ei ther a registered architect or a reqistered professional civil enqineer. 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 validi ty of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances which are in conflict herewith 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 . '. ~- .. .' C I T Y COM MIS S ION DOC U MEN TAT ION ,- TO: DAVID T. HARDEN, CITY MANAGER '~~~\ko~~~ VIA: DAVID J. KO ACS, PLANNING AND ZONING DIRECTOR FROM: DIANE DOMINGUEZ, PLANNER III ~)&'~M~ SUBJECT: MEETING OF JULY 21, 1992 APPOINTMENT OF PROFESSIONAL ENGINEER TO SITE PLAN REVIEW AND APPEARANCE BOARD At its meeting of June 16, 1992, the City Commission considered an ordinance which would require that one member of the Site Plan Review and Appearance Board (SPRAB) be a registered professional engineer. The position would replace one that is currently filled by a "citizen at large." The suggestion for the ordinance was made by the Chamber of Commerce's Blue Ribbon Task Force. Upon reviewing the draft ordinance, members of SPRAB expressed concerns about the addition of another professional to the Board, stating that the review process would become too technical. At its June 16th meeting, the City Commission deferred action on the ordinance in order to allow Task Force and SPRAB members time to meet and discuss possible alternatives. Blue Ribbon Task Force members Bill Wood and David Henninger attended the SPRAB meeting of June 24, 1992. After some discussion, a compromise was suggested which would allow one of the current architect positions on the Board to be filled by either a registered architect or a registered professional civil engineer. This compromise leaves the number of professional members at the current level ( three) , but provides an opportunity for an engineer to fill one of those positions. The suggested language has been incorporated into the revised ordinance, which is attached. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ^ (., FROM: CITY MANAGER ~ /'- SUBJECT: AGENDA ITEM i I~C/ - MEETING OF JULY 21. 1992 ORDINANCE NO. 26-92 DATE: July 13, 1992 This is a first reading of an ordinance amending the Land Development Regulations to provide that owners of properties where buildings are subdivided into suites or bays shall install and maintain correct suite and bay designations. The Code Enforcement Office, Fire Department and City Attorney's Office prepared this proposed ordinance which requires that in addition to correct street number identification on buildings, properties which are subdivided into suites and bays also be labeled in order to facilitate the location of reported emergencies. The suite or bay designations, like street numbers shall be of sufficient size, shape and character as to be visible and readable from the adjacent street. Recommend approval of Ordinance No. 26-92 on first reading. P aoouQ. (SI /!.uufL 5--0 '. " /)RYi[) f/Af2[)~N . RECEIVED . [ITY OF DELRAY BEA[H JUN , l 1992 1 ' cIty MAN.d ']~r?',(' I"cr fer CITY ATTORNEY'S OFFICE :Oll.:'W hi ,:\\'E;UE . DELRAY lJEACH, FLORIDA 3JH4 f-,\CSll-lILE ..07(~78-4755 W it'D' . r er s ~rect L~ne ( 4 0 7) 2 4 3 - 7 09)' '.. . MEMORANDUM DATE: June l7, 1992 TO: City Commission FROM: Susan A. Ruby, Assistant City Attorney SUBJECT: Ordinance Requiring Number Identification of Suites and Bays on Bulldinqs and Properties Our office, at the request, of the Code Enforc;,ement Office and the Fire Department, has prepared the attached ordinance which requires in addition to correct street number identification on buildings, that properties which are subdivided into suites and bays also be labeled in order to facilitate the location of reported emergencies. The suite or bay designations, like street numbers shall be of sufficient size, shape and character as to be visible and readable from the adjacent street. By copy-of this memorandum to David Harden, City Manager, our office is requesting that this ordinance b~ placed on an upcoming City ~ommission Agenda for commissionffnsideration. C ' ~- , J SAR:ci , /, Attachment cc Chief Richard Overman, Delray Beach Police Department Chief Kerry Koen, Delray Beach Fire Department Lula Butler, Director of Community Improvement Richard Bauer, Code Enforcement Administrator Barry Searles, Fire Inspector Lieutenant " --~---_._--- -- - ----- --.--------.-- ------ ORDINANCE NO. 26-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 7, "BUILDING REGULATIONS", SECTION 7.1.5(C), "PROPER DISPLAY OF BUILDING NUMBERS", TO PROVIDE THAT OWNERS OF PROPERTIES WHERE BUILDINGS ARE SUBDIVIDED INTO SUITES OR BAYS SHALL INSTALL AND MAINTAIN CORRECT SUITE AND BAY DESIGNATIONS; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach desires to amend the Land Development Regulations of the City of Delray Beach, Florida, to provide sufficient identification of individual suites and bays for buildings so subdivided, in addition to maintaining in a conspicuous place, a correct street number for the entire building; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that it is appropriate to amend its existing codes to further provide for suite and bay designations in order to ensure that police and fire emergency personnel can correctly identify the exact location of a reported emergency. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 7, "Building Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended by amending Section 7.1.5(C), "Proper Display of Building Numbers", to read as follows: (C) Proper Display Of Building, Bay, or Suite Numbers: The owners of all properties having a building thereon shall install and maintain in a conspicuous place a correct street number of sufficient size, shape, and character as to be visible and readable from the adjacent street. The owners of all properties where any building is subdivided into suites or bays, shall install and maintain in a conspicuous place, a correct suite or bay designation. The suite and bay designations shall be of sufficient size, Shape and character as to be visible and readable from the adjacent street. lrit~ttett Street numbers, and suite or bay designations not meetinq the requirements of this section shall be removed by the owner of the teal e;tate property on which the numbers, and suites or bay designations are located, and the numbers or designations meeting the requirements of this section shall be posted, within 30 days after notice by certified or registered mail. Section 2. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. I I I . j '. '. --- _.~"-~_._-- ._----~--- -----,------------ - -_..~----- ~. - Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not ef fect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED on second and final reading on this the day 0 f , 1992. MAY 0 R ATTEST: City Clerk First Reading Second Reading I I . - 2 - ORD. NO. 26-92 i ".