08-04-92 Special/Workshop
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
SPECIAL MEETING & WORKSHOP - AUGUST 4, 1992 - 6:00 P.M.
COMMISSION CHAMBERS
AGENDA
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 pe~sons 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.
Pursuant to Section 3.07 of the City Charter of the City of
Delray Beach, Florida, Mayor Thomas E. Lynch has instructed me to
advise you of a Special Meeting of the City Commission to be held
in the Commission Chambers at 6:00 P.M. on Tuesday, August 4,
1992.
The meeting has been called for the purpose of considering the
following:
(þ. ~Proclamation: Recognizing and commending Delray Beach
National Little League, Major League All-Stars.
@. v Nomination to Countywide Intergovernmental Coordination Task
Force (Municipal League request).
3. ) Request for Partial Waiver of Financial Guarantee
Requirement - DBO Acres Plat No. 2.
4. j Initiation of Rezoning from R-1A (Single Family) to CF
(Community Facilities) for Lot 16 of Block 43, Town of
Linton Plat, associated with the tennis center expansion.
5. j Bid Award: Computerized Irrigation Control Systems - Phase
II (Pompey Park, Miller Park, City Hall, Barwick Park & Fire
Station #4) to Hector Turf in the amount of $48,995.00, with
funding from General Construction Fund Irrigation/
Landscaping (Account #334-4170-512-65.12).
6. JConsideration and Discussion of Motion to Rescind Action
taken June 23, 1992, relative to Determination of
Substantial Deviation/Waterford D.R.I.
Alison Mac~'f!I;;:/!:J~IIrM;¡
City Clerk
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City Commission - Special/Workshop Meeting
August 4, 1992 - 6:00 P.M.
Page Two
WORKSHOP AGENDA
1. Resident Project Representative issue.
2. Fiscal Year 1992-93 Budget.
3. Commission comments.
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MEMORANDUM
TO: David T. Harden
ci ty Manager ~ It f') ......
William H. Greenwood J~ M r ¡- "";""/ .
THRU: ""'- v c:, \¡ ç: 0---·'.
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Dir. of Environmental Services JUL 2 2 1992
P.E. ~
FROM: Ralph E. Hayden, CITy
city Engineer MANi1GE/?'C' _
,.) OrFlCE
DATE: July 22, 1992
SUBJECT: Decade of Excellence,
Construction Management Services
Based on our current and projected work load we strongly
recommend we hire an Assistant Construction Manager. The
projects we anticipate we will be working on next fiscal
year are listed on the attached sheet. The estimated direct
labor hours for our construction manager(s) is 3,418 hours.
This list does not include some projects currently underway
or any unforseen projects we are unaware of at this time. \
Our construction manager, Howard Wight is constantly
involved in the day to day construction administration of
all our projects. His work includes supervision of four
inspectors, reviewing and processing pay requests,
coordination of change orders, resolving construction
problems, review and follow up with construction schedules,
dealing with citizen concerns and provide plan review from a
constructibility stand point.
From the number, size and scope of projects listed our
construction manager will not be able to provide the level
of attention each of these projects will require.
Furthermore it is our goal to have our construction managers
in the field more often to provide a direct link to our
contractors to monitor construction progress and provide
closer supervision to our inspectors. This extra field work
plus citizen coordination and plan review would
conservatively add another 800 hours of work. This 800
hours is based on adding 20% for field time plus time
necessary for dealing with citizen and plan review. Based
on these manhour estimates, we feel that an additional
construction manager would be justified.
In order to obtain a competent Assistant Construction
Manager the pay scale should be approximately $38,000 to
$40,000 per year at pay grade 28 or 29. When salary,
benefits and other necessary items are included we are
looking at approximately $53,000 cost.
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Eng. Budget, D.O.E. , Const. Mgmt. Svcs.
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July 22, 1992
Page 2
We recommend we be allowed to prepare a job description,
advertise, interview applicants and fill this position on
October 1, 1992.
Please provide your direction on this matter.
RH:mm
File: Memos to City Manager
RHENGBGT.MRM
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ESTIMATED CONSTRUCTION MANAGER HOURS FOR PROJECT MANAGEMENT
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PROJECT CONST. EST. CONST. TOTAL
PROJECT TIME (EST. ) MANAGER HRS/WK MANHOURS
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Tennis Center 26 wks. 10 260 hrs.
Fire Station #1 40 wks. 5 200
Fire Station #5 36 wks. 5 180
N.W. Drainage Area 52 wks. 10 520
S.W. 10th St. 26 wks. 5 130
Alleyway Reconst. 20 wks. 5 100
Road Reconstruction 52 wks. 20 1,040
(3 projects)
Alamanda Gardens 8 wks. 3 24
Lime softening Conversion 16 wks. 5 80
Veteran's Park 8 wks. 3 24
Currie Commons Park 8 wks. 3 24
Miller Park 8 wks. 3 24
Golf Course Cart Paths 6 wks. 3 18
Swinton Ave. Beautification 8 wks. 3 24
Beautification I-95-Military 8 wks. 3 24
Beautification Atlantic E. of 6 wks. 3 18
Intracoastal
Cason Cottage Parking 6 wks. 2 12
S.W. 7th Ave. Improvements 4 wks. 2 8
Well Rehabilitation 8 wks. 2 16
South Tank 24 wks. 5 120
Enclave Water and Sewer 20 wks. 5 100
S.E. Transmission Main 12 wks. 5 60
I. & I. Program 24 wks. 5 120
Booster Station and Manifold 28 wks. 5 140
Force Main
Lift Station Rehabilitation 8 wks. 3 24
(20A, 19A, 32 & 24)
Atlantic/Military Intersection 12 wks. 2 24
Utility Adjustments
Linton 24" Raw Water Main 16 wks. 5 80
Lakeshore Drive Sewer 8 wks. 3 24
TOTAL ESTIMATED DIRECT CONSTRUCTION MANAGER HOURS 3,418
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
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TO: DAVID T. HARDEN : 'c.'-..<::,:VE,-'
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CITY MANAGER JUL 2
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THRU: WILLIAM H. GREENWOOD ø 41::/ 7/"27. f''t. C/
DIRECTOR OF ENVIRONMENTAL SERVICES Ty MANJ..-'::>_
'U'-:í') OFFICE
FROM: RALPH E. HAYDEN ~/L
CITY ENGINEER "i~
DATE: JULY 27, 1992
SUBJECT: RESIDENT PROJECT REPRESENTATIVE SERVICES
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As requested by City commission we have studied requirements for
Resident Projects Representative (RPR) services for various
projects being accomplished by the City. The following is a list
of these projects with the estimated time duration and projected
cost of RPR services.
Estimated Estimated
proiect Construction Time Cost
, * $
1) Tenn1s Center ** 26 Weeks 60,000.00
2) Fire station No.1 46 Weeks $ 45,000.00
3) Lime Softe~~ng Conversion 52 Weeks $ 110,000.00
4) South Tank ** 26 Weeks $ 24,000.00
5) Enclave Water & Sewer 26 Weeks $ 20,000.00
* Includes weekends and overtime as required (not to exceed
amount).
** Part-time RPR Services
It is our recommendation that the Tennis Center RPR services be
funded and awarded to Digby Bridges, Marsh and Associates. The
recommendation is based on the fact that the Tennis Center
project has a very tight time schedule and will require full
day-to-day project coordination. Furthermore, if clarifications
or construction decisions are required, they can be made quickly
by someone who was involved with this project from the beginning.
The architect will assume the responsibility and accountability
for the project. By providing RPR services the continuity of
this project will be maintained and the exposure to the city
reduced in the event of project disputes.
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The RPR services for the balance of the projects listed have
already been awarded. We do not anticipate any projects within
the near future other than those listed which will require RPR
services. Hiring an additional outside consultant to perform
this service for the Tennis Center will only add another
consultant and we do not feel this would be cost effective.
Hiring an individual to City staff is not cost effective because
we don't have enough project work to keep him on full time and a
part time employee will most likely seek outside employment as
the project nears completion (the most critical phase of
construction).
It should be understood that these projects require more than
just milestone inspections. These projects involve many
different trades and require a significant amount of coordination
and the ability of someone to make decisions and be accountable
for them.
RH: kt
File: Memos to David T. Harden, City Manager
RHWG127.kt
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CITY DF a-ELRAY BEA[H -
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PROCLAJfA TION
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WHEREAS, the Delray Beach National Little League, Major
League All-Stars are a group of talented eleven and twelve year
olds who recently represented our community in the Palm Beach
County Championships; and,
WHEREAS, the Delray Beach National Little League, Major
League All-Stars distinguished themselves by winning the District
7 Palm Beach County Championships for the first time in 11 years;
and,
1 WHEREAS, the team also went undefeated 6-0 in the
I tournament for the first time in the League's history; and,
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WHEREAS, by winning the District title they became one
of the top eighteen teams in the State of Florida and advanced to
the Sectional Championship in Rockledge, Florida, where they
competed against championship teams from Dade, Broward, Martin,
St. Lucie and Brevard Counties; and,
WHEREAS, the players, coaches and parents of the Delray
Beach National Little League, Major League All-Stars are to be
commended for their professionalism in representing the City of
Delray Beach, and their skills and sportsmanship during their
tournament games,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City
of Delray Beach, Florida, do hereby officially honor the Delray
Beach National Little League, Major League All-Stars for their
District 7 Championship, outstanding achievements, skills and
good sportsmanship.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida, to
be affixed this 4th day of August, 1992.
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THOMAS E. LYNCH
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CITY DF DELRAY BEA[H
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August 5, 1992
Michael Martino, President
Palm Beach County Municipal League
P.O. Box 1989
West Palm Beach, FL 33402
Re: Nominee to Countywide Intergovernmental Coordination Program
Task Force
Dear Mr. Martino:
At a special meeting of the Delray Beach City Commission held
August 4, 1992, Vice-Mayor Jay Alperin was selected as the city's
nominee for possible representation on the task force
representing the municipalities. Dr. Alperin's nomination was
made with the caveat that his participation would be contingent
on the task force meetings being held at those times when his
schedule would permit him to attend. In the event Dr. Alperin
would be unable to attend task force meetings, Mayor Thomas E.
Lynch agreed to serve in his stead as the city's nominee.
It was the further consensus of the City Commission that should
it be determined there is a sufficient slate of candidates from
which to select municipal appointments, Delray Beach may choose
to withdraw its nomination.
Thank you for your consideration. If you have any questions,
please do not hesitate to contact me at 407/243-7050.
Sincerely,
D.&an~~ lIadr
Alison MacGregor Harty
City Clerk
AMH /m
cc: Mayor and City Commissioners
David T. Harden, City Manager
David J. Kovacs, Director of Planning & Zoning
THE ErFORT ALWAYS MATTERS
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ID T. HARDEN, CITY MANAGER
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FROM: D J. OVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 4, 1992
NOMINEE TO MUNICIPAL LEAGUE TASK FORCE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
puttinq forth a nominee to serve on the Countywide
Interqovernmental Coordination Task Force.
BACKGROUND:
The Task Force will be the steering committee for the next step
in proceeding with the "intergovernmental coordination" program
as proposed by the County's Planning Directors. Attached is a
"job description". Also attached is the memo of request from
the Municipal League. Once nominees are named (by August 14th),
the League will develop a procedure for determining appointees.
It is anticipated that this Task Force will be very active in
September, October, and November. Meetings should be
anticipated every two weeks.
RECOMMENDED ACTION:
Commission's discretion.
Attachment:
* Municipal League memo of July 21, 1992
* "job description"
DJK/CCAPT.DOC
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Palm Beach County MUNICIPAL LEAGUE
P.O. BOX 1989. GOVERNMENTAL CENTER, WEST PALM BEACH, FLORIDA 33402 (407) 355-4484
MBMORANDUM
TO: All Palm Beach County Municipal Mayors and Managers
n: Michael Mart~. Palm Beach County Municipal
League .
D"1' : July 21, 199~
U: Countywide Intergovernmental Coordination Program Task
Force Appointments
*********************.*..**************.~****
At the request of the Palm Beach County Municipal League, a
Planners Group has developed a proposed countywide
intergovernmental coordination program for consideration by local
governments and service providers in Palm Beach County. The
Planners Group began meeting . early April and has made
1n presentations to the Palm Beach County Municipal League at its June
~4" 1992 General Membership meeting and to the Board of County
Commissioners on July 14, 1992.
At the direction of the Municipal League, it was agreed to form a
task torce ot elected officials to carry this countywide
intergovernmental coordination program forward once the Planners
Group has made their presentations to the Municipal League and the
County Commission.
The Planners Group recommended a task force to be composed of nine
ropresentatives with the following suggested appointments:
Four (4) - municipal appointments; two (2 ) - County
Commissioners appointments; one (1) - South Florida Water
management District member; one (l) School Board member; one
(1) Special Districts member.
The Board accepted this recommendation and decided that the task
torce should be composed of elected officials. Theretore, each
city is requested to select an individual from your council or
cOJlUDission tor possible representation on the task force
representing the municipalities; this should be accomplished by
otficial action of your councilor commission. Please submit the
name of your candidate to the Municipal League office no later than
August 14, 1992.
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If your city will not officially meet prior to the submittal date,
and if your city wishes to submit a name for the task fore, please
make whatever arrangements are necessary to provide the League with
a candidate's name. After the League has received the submittal
of names tor the task force, we will be resubmitting a procedure
to all of the cities to elect the nominees for the Countywide
Intergovernmental Coordination Program Task Force.
The League hopes that you will. act in an expeditious manner so
that this task torce can be mobilized by mid to late August 1992.
Your appointments are extremely important as the initial step in
moving forward with an effective countywide intergovernmental
coordination program in Palm Beach County.
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SUGGESTED COMPOSITION FOR A STEERING COMMITTEE/TASK TEAM:
TASK: To take the work of the Planner's Group and address
unresolved matters; to provide more specific direction; and to
direct the preparation of the final description, model IGC
Element language, and interlocal agreements.
* One member from the Municipal League Executive Committee;
* One representative from a large city;
* One representative from a medium sized city;
* One representative from a small city or town;
* Two representatives from the Board of County Commissioners;
* One member of the School Board;
* One member of the South Florida Water Management District;
* One representative of "special districts".
The participants should be elected or appointed officials.
While staff members may attend and provide services to members,
it is not desired that staff members be official members.
The key prerequisites for membership on the task force, or
steering committee, are:
* have high energy and a positive attitude
The Planners meetings were very spirited. Problems were
identified and overcome, often with innovative solutions.
Compromise is essential.
* have the time to put into the effort
The Planners met weekly for two hours. It is anticipated
that an effective task force would meet, at least, every
two weeks for two to three hour sessions.
* to be able to focus energy on the subject - implementation
in January, 1993
Six to eight meetings are anticipated prior to coming out
with a revised proposal. Direction is need to legal and
professional staff for fine-tuning interlocal agreements
and language for amendments to Intergovernmental
Coordination Elements of individual Comprehensive Plans.
The informal Planning Directors Group will continue to be
available for technical support and will be a sounding board, if
desired, for proposed solutions to difficult items.
It is hoped that a revised proposal would be available in
October; consensus support soon thereafter; plan amendments
processed in the first municipal amendments to be adopted in
1993; interlocal agreements acted upon in December; and, at
least, the Interlocal Plan Amendment Review Process active for
the first round of amendments in 1993.
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C I T Y COM MIS S I a N D a CUM E N TAT ION
TO: QID T. HARDEN, CITY MANAGER
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THRU: . DAVID J. KOVACS, DIRECTOR
JART T 0 PLANNING AND ZONING
FROM: STEVEN L R
PLANNING TECHNICIAN II
SUBJECT: MEETING OF AUGUST 4, 1992
WAIVER OF FINANCIAL GUARANTEE REQUIREMENT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a partial waiver of the required financial
guarantee for public improvements associated with DBa Acres
Plat No. 2.
The project is located at the southwest corner of Dixie
Highway and Linton Boulevard.
BACKGROUND:
On June 15, 1992 the Planning and Zoning Board approved the
preliminary plat and certified the final plat as being
consistent with the preliminary plat for DBa Acres Plat No. 2,
subject to conditions.
On July 21, 1992 the City Commission approved the final plat for
DBO Acres Plat No. 2, subject to the condition of providing a
financial guarantee for all public improvements pursuant to Code
Section 2.4.10.
ANALYSIS:
The public improvements that are in question deal with
improvements to Linton Boulevard, a planned access road, the
water distribution system, and the wastewater collection system.
Based upon the certified cost estimate that was submitted,
these improvements would cost $128,935.50 to construct.
Therefore, the total bond amount that is required is
$141,829.05. This figure represents $128,935.50 for the
construction portion and $12,893.55 for the one ( 1) year
guarantee.
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City Commission Documentation
DBO Acres Plat No. 2 - Financial Guarantee Waiver
Page 2
There are two (2) ways in which to process a financial
guarantee. These are:
1. Obtain final plat approval, construct the required public
improvements, post a bond in the amount of 10%, then
record the plat. Or,
2. Obtain final plat approval, post a bond in the amount of
110%, then record the plat.
The applicant's site permit is currently in the approval
process, but has not been issued. The improvements are also
necessary in order to obtain a certificate of occupancy for the
Tire Kingdom and Wendy's Restaurant. Both projects have
approved site plans and Tire Kingdom has submitted for building
permits. Given the situation that construction has commenced,
the requested waiver could be accommodated.
PLANNING AND ZONING BOARD CONSIDERATION:
Planning and Zoning Board consideration is not required for the
waiver of Code Section 2.4.10, Financial Guarantees.
RECOMMENDED ACTION:
By motion, waive the construction portion of the financial
guarantee and require the applicant to post a bond in the amount
of 10% of the required improvements.
Attachment:
* Reduced Development Plan & Waiver Request Letter
T:DBOACRES.DOC
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FACTORY AUTHORIZED SAtES AND SERVICE
2200 South Federal Highway Delroy Beach, Rorida 33483
Oldsmobile Telephone: (4071278·7351 -local (3051 <C28-14<C2 - Broword
(4071 655-1147 - West Palm Beach
July 28, 1992
Mr. David Kovacs
Director of Planning & Zoning
City of Delray Beach, Florida
Subject: Linton Boulevard Construction Site.
Dear Mr. Kovacs:
We hereby request a waver of the 1001. deposit guarantee in connection
with improvements on the above project. In view of the amount of work
already completed, it would be very helpful to us if we could make a
deposit of 10% of the original projected cost.
Your assistance in this matter is very much appreciated.
Very truly yours,
Daniel E. Burns
President
ID 'C'rrr. rrWJEl!]
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JUL 29 1992
PLANNING & ZONING
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN'~ MANAGER
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THRU: DAVID J. KOVACS, DIRECTOR
~ENT OF PLANNING AND ZONING
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FROM: PAUL DOR~ING, ~NER II
SUBJECT: MEETING OF AUGUST 4, 1992
INITIATION OF LAND USE ACTIONS ASSOCIATED WITH THE
TENNIS CENTER EXPANSION, REZONING REQUESTS.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
initiation of a rezoning action associated with the tennis
center expansion. The action involves rezoning of Lot 16
of Block 43 of the Town of Linton Plat from R-1A (Single
Family) to CF (Community Facility).
Pursuant to Section 2.4.4, the City Commission or the
Planning and Zoning Board may initiate a rezoning of land.
BACKGROUND:
The property to be rezoned is located north of the existing City
Tennis facility. The subject property is proposed to accommodate
the drainage associated with an expansion of the Delray Beach
Tennis Center. The subject lot currently is vacant and per the
tax rolls has been subdivided and is owned by two property
owners. The City is currently seeking ownership of the
properties. As the current R-1A zoning district does not allow
tennis centers as a permitted or Conditional Use, a zoning
change to CF is being sought.
RECOMMENDED ACTION:
By motion, initiate a change in zoning for Lots 16 of Block 43
of the Town of Linton Plat from R-1A to CF (Community Facility).
PD/CCTENNIS.DOC
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TURF 1301 N.W. THIRD STREET I DEERFIELD BEACH, FL 33442
TEL: (305) 429-3200 . FAX: (305) 360-7657
July 27, 1992
Mr. Joe Weldon
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33445
Dear Joe:
Please accept this letter of confirmation that all prices
you have been quoted for Phase II of the City of Delray
Beach Computerized Irrigation Control System project are
within the contractural terms on page 3 of bid #91-65,
dated July 30, 1991. Pricing does not increase in excess
of the CPI rate of 2.6. Determination of that rate is
based on a facsimile dated 3/02/92 (enclosed) by Jackie
Rooney, City of Delray Beach, Purchasing.
We appreciate the ongoing relationship we have with the
City. Please don't hesitate to call if you have any
questions.
Sincerely,
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Chuck Watson
Irrigation Manager
CW/gn
Enclosure
STATE OF FLORIDA
COUNTY OF BROWARD
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Notary Public, State of Florida ne!te .
NOTARY PUBLIC; STATE OF FlORIDA AT LARGE
MY COMMISSION EXPIRES JUNE 17, 1993
BOND1:D THRU AGENT'S NOTARY BROKERA3E
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TEL.: (305) 429-3200 . FAX: (305) 36().7657
CITY OF DELRAY BEACH
PHASE II
COMPUTERIZED IRRIGATION CONTROL SYSTEM
ITEM
NO. DESCRIPTION PRICE
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A) Pompey Park
1) Cost to supply and install one twenty-
six (26) station controller with trunk
radio antenna, Bermad hydrometer, surge
protection, and stainless steel enclosure
mounted on a 4' x 4' x 6" concrete pad,
clean up and test. $ 10,81t6.25
2) Cost to supply and install approximately
2500' 1/14 wire. $ 450.00
3) Cost to supply and install 100' of
conduit. $ 66.00
-----------------
Total Pompey Park $ 11,362.25
-----------------
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B) Miller Park
1) Cost to supply and install one fifty-
two ·(52) station controller with trunk
radio, antenna, Bermad hydrometer, surge
protection, and stainless steel enclosure
mounted on a 4' x 4' x 6" concrete pad,
clean up and test. $ 13,101.25
2) Cost to supply and install approximately
10,000' 1114 wire. 1,800.00
3) Cost to supply and install 1 ,000' of
conduit. 660.00
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Total Miller Park $ 15,561.25
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City of Delray Beach (Con't) Page 2
C) City Hall
1) Cost to supply and install one eighteen
( 18 ) station controller with trunk
radio, antenna, Bermad hydrometer,
surge protection, and stainless steel
enclosure mounted on a 4' x 4' X 6"
concrete pad, clean up and test. $ 10,516.25
-----------------
-----------------
D) Barwick Park and Fire Station #4
1) Cost to supply and install one eighteen
( 18) station controller with trunk
radio, antenna, Bermad hydrometer, surge
protection, and stainless steel enclosure
mounted on a 4' x 4' X 6" concrete pad,
clean up and test. $ 10,516.25
2) Supply and install approximately 500'
/114 UF wire. $ 90.00
3) Cost to jet under asphalt drive and
install sleeve. $ 883.00
4 ) Cost to supply and install 100' of
conduit. $ 66.00
-----------------
Total Barwick Park & Fire Station $ 11,555.25
-----------------
-----------------
Summary
-------
A. Pompey Park $ 11 ,362.25
B. Miller Park 15,561.25
C. City Hall 10,516.25
D. Barwick Park & Fire Station 11,555.25
-----------------
Total $ 48,995.00
-----------------
-----------------
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Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: July 31, 1992
To: City Commission
From: Jeffrey S. Kurtz, City Attorney
Subject: Rescinding the City Commission's Determination of
Substantial Deviation on the Water ford DRI
Our File #03-92.002
The Commission on June 23, 1992 determined that the proposed
changes to the Waterford DRI constituted a substantial
deviation to the DR! requiring further agency review. This
decision had not been transmitted to the Treasure Coast
Planning Council and Department of Community Affairs. At the
time the Commission indicated that it may wish to reconsider
the matter. Had the order been transmitted to Treasure Coast
and DCA, I am of the opinion that it would not have been
possible for the Commission to rescind or reconsider its action
at this time. The statutes governing the determination of
substantial deviation do not contemplate a city changing its
mind after such determination has been made.
Nonetheless it is my opinion that the Commission can now
rescind its determination upon motion and majority vote of the
Commissioners attending the meeting. The motion to rescind,
unlike a motion for reconsideration, may be made by any
Commissioner regardless of their prior vote on the matter. The
effect of the motion to rescind will not be to determine that
the changes to the DRI do not constitute a substantial
deviation. Rather, it would simply render the prior
determination a nullity. Therefore, if a motion for rescission
was successful, the City would have to renotice the
consideration of the substantial deviation, hold another public
hearing on the matter and following that, a public hearing, the
Commission would redetermine the issue.
r would caution the Commission that rescinding their action and
reversing prior determination is, to my knowledge, a novel
action that may invite litigation from interested parties. It
is further my opinion and one in which r believe the Planning
Director concurs, that it would be safer from a procedural
Sp '=-
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Memo to City Commission
July 31, 1992
Page 2
standpoint for the applicant to withdraw the proposed changes
to the DRI and then refile their petition.
Should you have any questions concerning this matter, please do
not hesitate to contact our office.
JSK: jw
cc: David Harden, City Manager
David Kovacs, Director of Planning and Zoning
Alan Ciklin, Esq.
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