Loading...
06-11-91 . . . . CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - JUNE 11 , 1991 - 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 f~r group presentations). The Mayor or presiding officer may adjust the amount of time allocated at his/her discretion. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2 . SIGN IN SHEET: Prior to the start of the Commission Meeting, those individuals wishing to address public hearing and/or non-agendaed items should complete the sign-in sheet located on the right side of the dais. If for some reason you are not able to complete the sign-in sheet prior to the start of the meeting, you will not be precluded from addressing the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to make your comments, kindly complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the 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. . . . Agenda Meeting of 6/11/91. 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. - "'f I I'j' 5. Approval of Regular Meeting minutes of May 28, 1991 and Special Meeting minutes of June 4, 1991. 6. Proclamations: A. National Baton Twirling Week - July 21 through July 27, 1991. B. PAw- eYA-n CLn.srRnT - see:.. RDOEnDum 7. Presentations: 8. Consent Agenda: City Manager recommends approval. ," i , A. AUTHORIZATION TO SUBMIT GRANT APPLICATION: Authorize staff to submit a grant application for funding for fiscal year 1991/92 in the amount of $100,000 from the Department of Housing and Urban Development for our Community Development Block Grant Rental Rehabilitation program. B. APPROVAL OF CITY SURPLUS EQUIPMENT LIST: Approve the list of surplus City-owned equipment to be sold at an auction tentatively scheduled for Saturday, July 27, 1991. C. SUNRISE KIWANIS BEACH FESTIVAL AND UNITED STATES LIFESAVING ASSOCIATION SOUTHEAST REGIONAL LIFEGUARD TOURNAMENT: Approve a request from the Sunrise Kiwanis and the U.S.L.A. to hold a joint beach festival/lifeguard tournament on the Municipal Beach on Saturday July 27, 1991. ~. RENEWAL OF FINANCIAL ADVISORY SERVICES CONTRACT: Approve a one ar renewal of contract, May 11, 1991 to May 10', 1992, with Public -2- I ., , ' ( '. , - Agenda Meeting of 6/11/91 Financial Management for financial advisory services in conjunction with the second Decade of Excellence Bond Issue. The fee for these services is $5,000, plus out-of-pocket 'expenses. E. AUTHORIZATION TO PLACE SUBDIVISION SIGN IN CITY RIGHT-OF-WAY: Approve a request from the Tropic Palms Homeowners Association to place a subdivision sign in the City right-of-way on the west side of Lindell- Boulevard at the intersection of Curlew. F. AUTHORIZATION TO PLACE SUBDIVISION SIGN IN CITY RIGHT-OF-WAY: Approve a request from Sabal Pine East to place a free-standing subdivision identification sign in the City right-of-way on S.W. 22nd Avenue. G. APPROVAL OF AGREED ORDER/TRAVERS: Approve an agreed order granting defendants' Lester and Muriel Travers, attorneys fees in the amount of $1,600 and $950 for appraisal services. H. APPROVAL OF EASEMENT AGREEMENT: Approve ahagreement between the City and Miguel Hernadez providing an utility easement for the installation and maintenance of a 24 inch water main. I. AMENDMENT TO AGREEMENT BETWEEN THE CITY AND TOWN OF GULFSTREAM: Approve recommendations from the Gulfstream Town Manager to alter the language in the Emergency Dispatch agreement between the City and Town of Gulfstream to clarify the City's responsibilities with regard to dispatching of emergency services. J. GRANTING OF EASEMENT DEEDS: Grant Florida Power and Light easement deeds which provide replacement easements in conjunction with the abandonment of a portion of Old Atlantic Avenue (aka McNab Avenue) . iK. RESOLUTION NO. 46-91: A Resolution abandoning 17.5 feet on both the north and south sides of the right-of-way of Old Atlantic Avenue (aka McNab Avenue). Planning and Zoning Board recommends approval subject to conditions. L. RESOLUTION NO. 43-91: A Resolution assessing costs for abatement action required to demolish an unsafe structure at 142 S.W. 11th Avenue. M. RESOLUTION NO. 44-91: A Resolution assessing costs for abatement action required to remove five junked or abandoned vehicles located on properties within th~ City. N. RESOLUTION NO. 45-91: A Resolution assessing costs for abatement action required to remove nuisances on 30 properties located within the City. -3- . , Agenda Meeting of 6/11/91 O. RESOLUTION NO. 4B-91/ AUTHORIZATION TO APPLY FOR GRANT FUNDING: A Resolution authorizing staff to apply for grant funding for fiscal year 1991/92, in the amount of $6,250, from the Florida Department of Agriculture (America the Beautiful program). This is a 50/50 matching grant program. Funding will be used to build shade and mist houses, install fencing and irrigation at the nursery and to print pamphlets explaining the importance of urban trees. P. RESOLUTION NO. 49-91 AUTHORIZATION TO APPLY FOR GRANT FUNDING: A Resolution authorizing staff to apply for 12,089 in funding for fiscal year 1991/92 from the County Emergency Medical Service Surcharge Award Program. This non-matching grant funding will be used to offset 'classroom expenses and continuing education programs. Q. AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND YACHT CLUB OF DELRAY BEACH: Approve an amendment to the agreement between the City and Yacht Club of Delray Beach, Inc. which provides that the, City will install a water distribution line across the easterly property line along MacFarlane Drive for the purpose of supplying fire protection to all properties abutting the new water line. R. AMENDMENT OF INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT: Approve an amendment to the interlocal agreement between the City and NPBCWCD which provides a guarantee of payment in the total amount of $19,500 for the joint processing of the National Pollutant Oischarge Elimination System (NPDES) Municipal Permit. Funding is available from the Stormwater Utility Account. S. SETTLEMENT OF EEOC CLAIM IN EXCHANGE FOR PAYMENT OF ATTORNEY'S (,_FEES: IJft, l) L/_ C T. AWARD OF BIDS AND CONTRACTS: 1. Laboratory Services through September 30, 1991- Environmental Services - Paul R. McGinnes and Associates Consulting Laboratories, Inc. in an amount not to exceed $15,945 with funding from Water and Sewer Laboratory Testing (Account No. 441-5122-536-33.40). Account balance $15,950. 2. Rental Rehabilitation - Various Contractors as indicated below- with funding from Community Development Rental Rehab (Account No. 118-1975-554~60.23) . Account balance $153,619.50. A. 225-235 S.W. 12th Avenue (six units) - MJD Construction - $46,423 (City's share $23,211.50) B. 213-223 S.W. 12th Avenue (six units) - MJD Construction- '$44,999 (City's share $22,499.50) -4- Agenda Meeting of 6/11/91 C. 244 S. vI. 5th Avenue - Abissett Corp. - $18,125 (City's Share $8,500). 3. Housing Rehabilitation - 116 S.W. 8th Avenue- Gamzo, Inc. in the amount of $12,065.50 with funding from Community Development Block Grant Housing Rehab (Account No. 118-1963-554-60.23). Account Balance $114,417. 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 of May 28 through June 10, 1991. B. GOLF COURSE MASTER PLAN/DESIGN AND CONSTRUCTION MANAGEMENT AGREEMENT: 1. Provide direction with regard, to the capital improvement/master plan schedule for the Golf Course. ~, , II 2. Approve an agreement between the City and Environmental Design Group, in the amount of $30,000, for design and construction management services for golf course improvement. ^' Funding is available in the Decade of Excellence Bond Issue (Account No. 225-4762-572-33.15). '/ C. AUTHORIZATION TO SUBMIT AN APPLICATION FOR GEOGRAPHIC AREA OF EXCEPTION: Authorize staff to submit an application to Palm Beach , Countywide Planning Council for a Geographic Area of Exception for l./l.._ the Central Business District. City Manager recommends approval. J D. ADDENDUM TO TENNIS PROFESSIONAL CONTRACT: Approve an addendum ( > to the Tennis Professional contract extending the original 'J.; agreement an additional year (October 1 , 1991 to September 30, 1992) . City Manager recommends approval. E. CHANGE ORDER NO. 1/EMERGENCY WELLFIELD" ASSESSMENT, PROTECTION AND REMEDIATION: Approve Change Order No. 1 to the contract between the City and Poole and Kent which increases the contract completion time by 39 days and is in the amount of $14,141 to accommodate recommended changes suggested by CH2M Hill, consulting engineers, for the Emergency Wellfield Assessment, Protection and Remediation project. Funding is available in Water and Sewer Wellfield Assessment, Protection (Account No. 441-5162-536-60.37). Account balance $14,200. City Manager recommends approval. F. CHANGE ORDER NO. 2 BEACH RENOURISHMENT ENGINEERING CONTRACT: This is a " Change Order in the total amount of 230,318 for continued pre-construction environmental monitoring services -5- Agenda Meeting of 6/11/91 ($76,618) and construction phase environmental monitoring ($151,700) of our beach renourishment project. Funding is available from Beach Renourishment/Erosion Control (Account No. 332-4164-572.34-38 - Account balance $5,617,739) with reimbursement from the County, state, and Federal Beach Renourishment grant programs. City Manager recommends approval. G. AUTHo.RIZATIo.N TO. EXECUTE WATER SERVICE AGREEMENTS: Authorize the City Manager to execute standard water service agreements in those instances where water service is to be provided to an ) j ( existing single family residence, an existing lot of record whereon only a single family residence can be built, or for an existing land currently on a well and is under order trom the County to connect to the municipal water system. H. APPRo.PRIATIo.N o.F FUNDS FRo.M THE GENERAL FUND RESERVES: Consider a request from the Director of Community Improvement to appropriate and bring forward lapsed funds in the amount of $8,700 located in the General Fund Reserves to offset departmental expenditures. City Manager recommends approval. 1. RESo.LUTIo.N NO.. 50-91jAPPo.INTMENT o.F MEMBERS' TO. THE CHARTER REVISIo.N Co.MMITTEE: 1. A Resolution establishing a Charter Revision Committee to determine and make recommendations to the Commission with regard to the length and terms of service for elected officials. j) i.\.~ L J.....I p".; J~; i, C 1" ,)~"",.; {( 1-11 ' :1 ':., ~,,'~ '';- If 2 . Appoint t9n members to the Charter Revision Committee. J. AWARD o.F BID - TENNIS CENTER LIGHTING: Award the bid for lighting (Alternate #1) of the Municipal Tennis courts to Basic n I' Lighting Maintenance, d/b/a/ American Lighting Maintenance, in the ,." "" "'" I"'"'c amount of $79,714 with funding from 1989 Note Construction Fund (I..' Tennis Center Improvements/o.ther (Account No. 340-4145-572-60.69). , Account balance $994,083.23. Amount budgeted for this project ) I '- $56,000. City Manager recommends approval. 10. Public Hearings: A. o.RDINANCE NO.. 43-91: An Qrdinance amending the Land Development Regulations by adding paragraph (c) to provide for the establishment of the grade as the mean elevation of the finished surface of the ground adjacent to the exterior walls of the building for single family detached dwelling units, of less than three stories. 1I. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. fft~ I., ( ',_. ~__ _.__0 ,',) -6- " I ! , , .~- ! i 1 I, " {_::~'I lJC{ ..... \ Agenda Meeting of 6/11/91- A. City Manager's response to prior public comm~nts and inquiries. B. From the Public. 12. First Readings: A. ORDINANCE NO. 44-91: A Ordinance rezoning the Holland property located on Linton Boulevard adjacent to the South County Mental I l/ Health Center and BocaRay Center from Planned Office Center (POC) I District to Community Facilities (CF) District. If passed public hearing June 25th. 13. Comments and Inquiries on Non'-Agenda Items: A. Commission B. City Attorney C. City Manager i , , ..-~ " n ".- " : - ''/ ! I ,- ;' 1 fool ~ ! i. { ! ~-~, Ii / "'.' (, ' l..;( . ~ " '. - (~l - .~> /..,. ) / - ~ .. {, - , " '".. . 'f ~ j .; {';, ',- " ,- /[ i-- >> ),', -7- '- . . . CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - JUNE 11, 1991 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS ADDENDUM NO. 1 THE PROCEDURAL PORTION OF THE AGENDA IS AMENDED TO INCLUDE: 6B. Proclamation - Commending Paul Ryan Constant on his academic achievements and positive contributions to our community. [IT' DF DELRA' BEAEH 100 N.VV 1.:i, 4VENUE DELRAY BEACH "LORIDA 33444 1,::7 :..!~ -~''J PROCL-UJ.--l TlO:\ WHEREAS, the baton twirling movement has affected the lives of American girls and boys, and now has nearly one-half million active participants1 and, WHEREAS, baton twirling has been instrumental in build- ing the confidence .and character of these young people, and has provided guidance and trainin~ so that they might become better qualified citize~s1 and, WHEREAS, the art of baton twirling is today one of the largest nationwide beneficial youth movements for girls1 and, WHEREAS, baton twirling plays an important part in children's hospitals as a unique and effective method of physical therapY1 and, WHEREAS, baton twirlers lend so much color and inspira- tionto our community; and, WHEREAS, champion twirlers from all over the United States will gather at the University of Notre Dame July 23-27 to conduct a colorful youth pageant called "AMERICA'S YOUTH ON PARADE"; and, WHEREAS, the grand national baton twirling championships will be conducted as part of the big Notre Dame festival, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, do hereby proclaim the week of Sunday, July 21 through Saturday, July 27, 1991, as "NATIONAL BATON TWIRLING WEEK" in the City of Delray Beach and do urge our citizens to support the colorful and beneficial youth movement of baton twirling. IN. WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida,. to be affixed this 11th day of June, 1991. MAY 0 R THOMAS E. LYNCH SEAL . - CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - JUNE 11, 1991 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS ADDENDUM NO. 1 THE PROCEDURAL PORTION OF THE AGENDA IS AMENDED TO INCLUDE: 6B. Proclamation - Commending Paul Ryan Constant on his academic achievements and positive contributions to our community. . - [ITY DF DELHAY BEAEH 100 NW, 1st AVENUE DELRAY BEACH, FLORIDA 33444 007243,7000 PROCLA/lJA TIO!\ WHEREAS, Paul Ryan Constant is a talented 14 year old Delray Beach resident who attends Congress Community Middle School in Boynton Beach: and, W~EREAS, Paul Ryan Constant committed himself to an environmental science project and attended a special summer program at Palm Beach Community College last summer where he studied the delicate Florida wetlands: and, WHEREAS, when it came time to choose a topic for his science project, he was inspired by how fragile our ocean reefs are in Florida: and, WHEREAS, the title of his science project "Nutrients Effect 'on Codium Algae" won him the first place award at the Palm Beach County Science and Engineering Fair 1991: and, WHEREAS, Paul Ryan Constant had the privilege of doing his research for this project at the Florida Keys Land Sea and Trust in Marathon, Florida: and, WHEREAS, Paul Ryan Constant is the first person to study the physiological effects of nutrients on the codium algae that has attacked our beautiful offshore reefs in Palm Beach County: and, WHEREAS, Paul Ryan Constant has also been awarded and has received special recognition from the Royal Palm Audubon Society and the Society of the Everglades: and, WHEREAS, in June, 1991, Paul Ryan Constant will be attending the University of Florida's first annual Florida Acceler- ated Initiatives Seminar, a three week program for academically talented students, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby congratulate Paul Ryan Constant on his academic achievements and recognize the positive contribution he is making in our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 11th day of June, 1991. MAY 0 R THOMAS E. LYNCH SEAL . ~~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt~1 SUBJECT: AGENDA ITEM # ., P\ - MEETING OF JUNE 11 , 1991 AUTHORIZATION TO SUBMIT GRANT APPLICATION DATE: June 7, 1991 This item is before you to authorize staff to submit a grant application in the amount of $100,000 for Rental Rehabilitation Program Funds available through the Department of Housing and Urban Development. Under the rental rehabilitation program, the City provides grant funds on a dollar for dollar match, up to $8,500 depending on unit size, for the rehabilitation of investor owned properties within the Community Development target area. Since 1987 the City has received $387,320 in grant funding under this program, including a $100,000 performance award. The grant application submission date is on or before June 24, 1991. Should HUD approve the application the funding would be available for fiscal year 1991/92. Recommend approval of request to submit a grant application to the Department Housing and Urban Development for Rental Rehabilitation Program funding for fiscal year 1991/92 in the amount of $100,000. . , Agenda I tem No. : AGENDA REQUEST Date: June 3, 1991 Request to be placed on:' Regular Agenda Special Agenda Workshop Agenda When: JUNE 11, 1991 X CONSENT AGENDA DescriEtion of a~enda item (w~~ what where how muc~: REQU STS COMMISSI N APPROVAL TO S 1T APPLICATION TO'HUD FOR REN AL REHABILITATION PROGRAM FUNDS. IF APPROVED BY COMMISSION, APPLICATlON rUt{ $lUU,UOO WTTT RF. STTRMTTTF.n RY THE JUNE 24. 1991. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: APPROVAL IS RECOMMENDED. Department Head Signature: ~ /5 ~- / Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: (!!)/ NO fIl1 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved M E M 0 RAN DUM TO: DAVID HARDEN, CITY MANAGER FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATOR ~ Zl THRU: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR ~ DATED: JUNE 4, 1991 SUBJECT: RENTAL REHABILITATION GRANT APPLICATION ITEM BEFORE THE COMMISSION I""his is to request Commission Approval to submit an application tor funding under the Housing and Urban Development Rental Rehabilitation Program in the amount of $100,000.00 for program year 1991-1992. BACKGROUND Under the Rental Rehabilitation Program the City provides funds on a dollar for dollar match up to $8,500.00 depending on the unit size, to investor owned properties within the Community Development target area. The City has received $387,320.00 since 1987. (This amount includes $100,000.00 in additional funds awarded to the City in September, 1990 in recognition of good performance). The incentive of matching funds encourages landlords to bring substandard units up to standard code. A copy of the Notice of Funding Availability (NOFA) is attached for your information. The application deadline is on or before June 24, 1991. RECOMMENDATION We recommend City Commission approval of the request to participate in the Rental Rehabilitation Program for fiscal year 1991/1992 and authorize staff to submit the application for funding from The Department of Housing and Urban Development pursuant to federal criteria and deadlines. . . 1 21570 Federal Register I VoL 56. No. 90 I Thurs ZI5 f>7/f DEPARTMENT (W HOUSINQAND . .u~~ 1NFORMA11OIIt. Uties listed in URBAN DEVELOPMENT Paperwork RecluatIoa Ad Statemeat " 8PPsncllit C tbatdo ROt elect to- apply for grants baaed "OIl their {onnula Offlce of the AaIst8nt Sec:retary for The information collection allocations will be added to the requirement. for the Rental . .published allocations for the appropriate Community PlannIng and Rehabilitation Program have been States. Ha locality listed 1ft appendix C Development approved by the Office of Management eleca not to :accept its formula . [Docket No. .....1-3233; FR-~1] and Budget {OMB) under the Paperwork allocation. there is no assurance that it Reduction Act of 1980 (Pub. L. 96-511) win receive funding under- the and assigned the control number 2506- applicable State program. since funding NOFA for Fonnula Allocation. for the 0080. in such programs is under procedures Rental RehablDtatlon Program for L Purpose and Substantive Description set by the State grantee (or HUD if the Fiscal Year 1991 and Deadlines for State's program is HUD-administered). SubmIuIon of Program Deacrlptlona; (a) Authority (c) EligibI1ity and CrIteria for R88IIocatlng Rental The Rental Rehabilitation Program Rehabllftatlon Program Grant Funds (RRP) is authorized by section 17 of the Cities havin8a population of 50.000 or United States Housing Act of 1937 (42 more. urban counties. consortia of units AGENCY: Office of the Assistant U.S.C. 14370). as amended. hereinafter of general local government having a Secretary for Community Planning and reFerred to as section 17. The program combined population of 50.000 or more. Development. HUll. regulations are published at 24 CFR part and States are eligible to receive ACTJON: Notice of funding availability 511. Section 511.30 con taw the fOl'lllula formula alloc;ations. The eligibility of for allocating Rental Rehabilitation cities with populations of 50.000 or more for Fiscal Year 1991 and Deadlines for Program funds. Cities having a and urban counties For formula Submitting Program Descriptions. population of 50.000 or more, urban allocations is determined by whether SUMMARY: This NOFA announces counties. consortia of units of general . they were so classified for purposes of local government having a combined the Community Development Block allocations of Rental Rehabilitation population of 50.000 or more. and Statel Grant Entitlement Program (24 CFR part Program grant fundi for cities with are eligible to receive formula 570) for Fiscal Year 1990. The formula populations of 50,000 or Dlore, urban allocations. factors for allocating the Fiscal Year counties. consortia of units of general Normally. a locality must qualify for 1991 funds are the same as those used in local government. and States for Fiscal at least $50,000 to receive a direct prior years. Year 1991. It also announces the dates formula allocation. Since the amount of by which Program Description. must be funding available for allocation m Fiscal B. AppUGation Process submitted to HUD for these potential Year 1991 1& $68.500,000. a reduction The Program Description is the grantees to be considered for actual from the $126.508,000 that was allocated application for the Rental Rehabilitation grants based on these allocations. In for the program in Fiscal Year 1990. a Program. addition. it sets forth the more detailed number of l()Caiities that received a Section 511.2O(a) of the program criteria the I)epartmenL!ri!l use to grant baled on a formula allocation in reanocate Rental Rehabilitation Fiscal Year 1990 have a formula amount regulation requires citles. urban Pro.i"sm grAnt ~ng Fiscal Year less than $50.000 in Fiscal Year 1991. counties, States. and consortia eligible 1991. Pursuant to 24 CFR 511.31(b), these to receive a grant based on a formula localities may accept their less-than- allocation to submit a Program DATES: Progra!D Descriptions should be $50,000 formula amounts as direct Description to the appropriate HUD addressed to the COP Division Director grants, by submitting notice to HUD as Field Office on or before June 24, 1991, and must be submitted to the described in this notice and in the date specified in the DATE caption appropriate HUD Field Office by 4 p.m.. I 511.31(b). Alternatively. they may of this notice. The PrograDl Description local time, on or before June 24.1991. decline their direct grants. but will be should be submitted to the Director of * However, upon request by II prospectiye eligible to participate in their State's the Community Planning and ..' grantee made before June 24, 1990. the . Development (CPD) Division in the deadline may be extended for good program. . applicable HUD Field Office. not later cause by not more than 30 days by the (b) Allocation Amounts than 4:00 p.m. local time on the stated appropriate HUD Field Office. If an Appendix A to this notice contains tbit date. Section 511.2O(b) of the program sdditional extension is needed for good formula allocation. for cities. urban regulations states the information that cause, HUD Headquarters may grant a counties. and consortia that receive an flach prospective grantee must submit in further extension. up to but not' allocation of $50.000 or more. Appendix its ~gram Description and 511.20( c) exceeding a date that will allow time for B to this notice contains the minimum lists the certifications that each review and approval or disapproval of formula allocations for States. HUD will prospective grantee must submit with its the description before the end of Fiscal administer the allocation of any State Program Description. Year 1991 (i.e., beFore October 1.1991). that elects not to administer the Re~tal . Because entities lis,ted in Appendix C FOR FURTHER INFORMATION CONTACT: Rehabilitation Program. Appendix C to (entities that would receivelen than Mary Kolesar. Director. Rehabilitation this notice contains optional grant $50.000) have the option to apply Management Division, room 7162. amounts for localities that participated diiectly to HUD or to participate In a Department of Housing and Urban in the Rental Rehabilitation Program last State program. I 51t.31(b) requires them Development. 451 Seventh Street. SW., year as fonnula grantees and which may to notify !he appropriate HUD Field Washington. DC. Z041G-1000; telephone elect to participate as.fonnula grantees . Office in writing of their decision within (202) 708-2470. Hearing~ or speec!J. in Fiscal Year 1991. 30 days of publication of this notice. impaired individuals may call HUO's Grant amounts in appendicesl\. 8, This notice also should be addressed to TOD number (202) 755-2565. (These are and C have been rounded to the nearest the CPD Director in the appropriate not taU-free numbers). thousand. Field Office. This notification Ii . . . ..~!. Federal Register J Vol. 56. No. 90 J 'nlursaay. May 9.1991 J Notices' 21571 necessary to allow HUn sufficient time CPR 511.20(brand the certifications to (3) With respect to fundawhich the to adyise the affected States of any be submitted with the Program, grantee has expended for completed' :, additional monies that they will be Description are stated in 24 CFR projects for each of the last two allocated. Entities listed in appendix C 511.2O(c). except for the anti-lobbying previous grant yeara. the percentage of ' that decide to participate aa formula certification deil~bed in section D these funda usecUobenefiHower grantees still must submit a Program above. income tainilles equals or exceeds the Description to the CPO Division Director IV. Corrections to DefJ.cleDt Applications lower income benefit percentage In the appropriate HUn Field Office applicable to the gnJntee uader 24 CPR wit.hin 45 days of the date of publication If the Program Description is not 511.1O{a). of this notice. complete or contains insufficient Other Foctol'tl If one or more States choose not to information to support each of the participate in the Rental Rehabilitation required elements. 8S described in 24 When reallocating funds. HUD will Program. HUn will publish another CPR 511.21(a){3). the HUD Field Office also consider: notice in the Federal Register inviting will so notify the grantee. Pursuant to 24 (1) 'I'he extent to which the grantee eligible units of general local CPR 511.21(b). the grantee will then has committed rental rebabilitation government, located in these States. to bave 20 days to submit the necessary grant amounts to specific local projects submit their Program Descriptions if supporting information. Thereafter. HUD in the last two grant years; and they wish to participate in the HUD- may approve the grant based on the (2) The extent to which, in the last two Administered State Program. That Program Description, conditionally grant years for which projects have been notice will contain the submission approve the grant. or disapprove the completed, the grantee bas expended deadline. selection criteria, and other grant. as stated in 24 CFR 511.21. grant amounts for completed projects: information relevant to the HUn- V. Reallocation of Rental Rehabilitation (a) In excess of the required Administered State Program. Grant Amounts percentage benefit for lower income Additional Certification Required Under f 511.33(b). rental families under 24 CFR 511.1O(a); Section 511.20 of tbe program (b) For units with rents affordable to regulations requires potential grantees rehabilitation grant amounts are lower income familie. in excess of 80 to submit a Program Description that available during the year for percent of the units completed: includes the elements and certifications reallocation to grantees "as HUD (c) In excess of the percentage required by f 511.20(b) and (c), determines appropriate to promote the required for units baving two or more respectively. In addition to these expeditious use of grant amounts. bedrooms and in excess of the equitable certifications, potential grantees must consistent with the sound development share of units having three or more provide a certification regarding and administration of grantees' Rental bedrooms, under 24 CFR 51Ua(bJ; lobbying. Rehabilitation Programs." Rental (d) With units which,were occupied Section 319 of Public Law 101-121 rehabilitation grant amounts may by very low income families before generally prohibits recipients of Federal become available for reallocation by rehabilitation and those families were contracts. grants and loans from using HUD as a result of factors BUch aa not displaced: appropriated funds for lobbying the failure of a city. urban county. or (e) In which the grollB amount of Executive or Legislative Branches of the consortium to apply for a grant based on public subsidy funds per unit has been Federal Government in connection with a formula allocation of $50.000 or more minimJzed: and a specific contract. grant, or loan. or deobligation of RRP grant amounts (f) In which the amount of public The Deparbnent's regulations based on the progress of 8 grantee in subsidy funds as a percentage of total implementiJlg section 319 were carrying out its Rental Rehabilitation rehabilitation costs has been minimized. published as an interim final rule in the Program. Emergency Needs Federal Register February 26, 1990 at 55 The following criteria apply to FR 6736 and are contained at 24 CPR reallocations during Fiscal Year 1991 of Notwithstanding the reallocation part 87. The certification and disclosure Rental Rehabilitation Program grant criteria stated above. HUD may requirements apply to all grants in funds from any fiscal year that are still reallocate rental rehabilitation grant excess of $100.000. However. since RRP available for reallocation: funds for emergency Jleeds. Buch as the grantees may receive additional RRP Threshold Factors need for rehabilitation after . natural grant funds through reallocations. HUD disaster. takes the position that all potential Unless there is an emergency need 8S Requests for Reallocations grantees must submit this certification. described below, HUD will reallocate and. if applicable. the disclosure. funds under 24 CFR 511.33(b) to a Grantees may request a reallocation Potential grantees should refer to 55 PR grantee only if: of funds at any time by sending a letter 6736 or 24 CFR part 87 for the language (1) There is no outstanding finding to the appropriate HUD Field Office. for the certification and disclosure. that the grantee-has failed to comply The letter should indicate the amount of which are contained in appendix A to with any provision of the program funds requested and provide sufficient part 87 and appendix B to part 87, regulations (24 CPR part 511); details to show the Deed for the respectively. As indicated in this (2) Eighty (80) percent or more of the . additional funds. In addition, the letter certification and disclosure. the law units for which the grantee has should provide a schedule for provides substantial monetary penalties completed rehabilitation with grant committing and-expending' the. requested for failure to file the required amounts from each of thelasttwo funds, as required- by 24 CPR. - certification or disclosure. previous grant years have rente that are 511.2O{b}(8). The Field Office will review Ill. Checklist of Application Submission affordable to lower income families ' the grantee'. program and .baaed on the (initial rents after rehabilitation were at reallocation criteria, wmcieb~rmine RequirementB or below the applicable Section 8 Fair whether the grantee .is eli8J.bie for. a The elements to be contained in the Market Rent for the Existing Housit1$ reallocation. If the granhieia eligible Program Description are stated at 24 Program); and . ' , : and if funds are available for the - . 21m FecIenII. R8gishtr I Vel. 56. No. 00 I Thunday. May 9. 1991 , NotfcM .. - - <-- requested I'88l1ocation., the funds. may be 'Dated: Ma,. Z. .... APPENDIX A-PtENTAl:. REHABIUTAT10N reallocated to the srantee. ADua Koodn.... p~ FORMUlA. Au.ocAT1ON5- If funds are nohvailable. the Field Assistant Secretary for Commuriitv Planning FISCAL YEAR 1991-cont1nued Office will hold the request and. if fund. and Development become available. may reanocate the Sgt. Ioc:aIlty ~in requested fUnds. depending on the APPeNDIX A-RENTAL REHABIUTAnON IIlol-* relative standing of the request in . PRoGRAM FORMULA ALLOCATIONS- IL-ChlcIigo__._........_....._....... ' 2.441 relation to other requests. Funds will be FISCAL YEAR 1991 ll~_-'-..__..__.__. 51 reallocated to grantees that are eligible Il-<:ook County _............._................... 230 for a reallocation based on the Sta~ DoIlara in Il-Du P.ge County __._..__.._.._. 88 reallocation criteria. generally on a first lhowands ll-Madeon County____._._. 113 I~..._............................_.._. 51 come. first served basis. If there are a Al-Blrmlllgham........_........................... 189 IN--Fort Wayne_._____......_ 12 number of requests and an insufficient Al-Mobile.____..._...._......... n IN-Gety -- ------- 86 amount of funds available. the Field Al-Montgolnely__._.......____._ 11 IN-IIlCI.". .-.--- 258 OffICe shall use the reallocation eriteria Al~ Counly_._._._..._ 58 ~ Molnea-........_.....___......_. 18 AZ-Phoenix_.._...............~_...._ 247 ~ C/ty-...--....-.................. 58 to make and document reallocation AZ-l'tIClIOl1 _._.................._................. 144 KS-Wdlila_..... _.._...._.. 91 deemon.. The Field Off<<;e may choose AA-liUla Rodl____.............._.. 64 KY-:-L~~..__.._.__. 113 to fund only those grante~ which rank CA-AnaheIm_.._..._.........___ 79 KY....J Ol'" ----...-----. 181 the highest or may choo8e to provide 8 CA-Berkeley_______._......_ 97 KY~ County _.......__.___ 54 CA-F~..__.._................_.. HO LA-8aJon Rouge ........_...__............... 118 lesser amomrt of what each eligible CA-GIendaIe __._....................._........ ,78 l..4.-New o.te.lS.........._..._....._........ 479 grantee has requested to the extent CA-fn8Iewood-..-...-....--.... 5& ~_._..._..._-_.. 81 funds are available. ' CA-t.ong Be8ch__................._........ 231 t..A-Jefferson PerlIh ...._._..__ lli2 CA-Los AngeIea _................................. 1,M3 ME~1d .............-.......".--.- 57 VI. Other Mattera ' CA-OaIdand ................_............._.._... 24S1 ~_._._- 580 CA--PlIsadenL........._......................... 88 Mf) BaIlirnOl. County .__....._..:..... 120 A Findins of No Significant Impact CA-Riverslde~..._._._.__._ 58 MD MOlllgom8l' County _.............. 104 CA-SacramenIo_.__.....___.... '34 ~ Georgee County.......-.-... 154 with respecl to the environment has CA-San BemercIno_...__..__..... 52 MA-BosIon___._._._..__._.. 546 been made in accordance with HUD CA-&In Oiego...._....._....._........._..... 408 MA-SrockIon.-._____. 53 regulations in 24 CPR part 50 which CA-8en r=r.nd8co_...___..__...__ ' 57'9 MA-c.mtIridge...__......____. 83 implement section 102(Z){C} of the CA-San JoM _.._..__....._.. us MA-F... RiYer __.........._..._............. 89 CA-s.nta AnL......_............__.._.. 12 MA~_............................_.... 56 National Environmental Policy Act of CA-Santa Morica.__............_..__ 87 MA-lowlII___........_..___ 56 1969. 42 U.s.c. 4332. The FInding of No CA-Slocldon ___..............__.... n MA-:-Lynn...____..................... 57 Significant Impact is- available for pub& CA-Contra Coeta COunty ..................... 73 MA-New Bedford _..........._.................. 78 inspection during regular business hours ' CA-Freino CounlW' -....--..-.- 70 ...... Som8I'O/lIe _..........._..____... 81 CA-Kem~..__..._...._ 8C> MA-SpdngIIeId ........................-.......-.. 103 in the Office of the General CounseL CA-loI AngeIea Counly____._ 862 MA~ ........._.._._.._.......... lit Rules Docket Clerk. room 10276, 451 CA-Marin County __._..................._ 69 Ml-'Ann Arbor _...__..__ 81 Seventh Street. SW.. Washington. DC ~-()renge County....-.......................... f33 MI-DeInlI.__._....._._.... 838 , ~ County -"-"'''''-''- 107 MI-Flinl__...__.__.__ 7f 2041~. ' CA S.:l.,*Ilo County.._....._...._ t37 MI-GnInd Aapids.__._.._............. 85 The General COUDsel. as the . CA-San BecnIrdino County "'......___ 106 ~............__...- 53 Designated Official under section 6(a} of CA-&In Diego County .............._........... 112 MI--lansing___...___ 60 CA-5an JoelJJin County ....................... 52 Ml-OaIdand County ___.____ 68 F.xecutive Order 12612, Federalism. haa . C,t.-S., MallO County ._.............._..... 78 Ml-'Wayne County _"__'__'_" 78 detennined that this NOF A would not CA-Santa CI8ra County ........................ 88 MN MiI.l8IIpOIiI..._.._..._................... 243 have Federalism implications and. thus. CA-SonomI County _........._.._...._ 62 MN-St. PIuI_..........._...................... 118 co-coIorado SpringI..............._...._... 7S MN-Ia.wl8pil, County __................... 65 is not subject to review under this CO-Denvw _....................._............. 284 MS--.I-=taIofI_....__....._........ 80 Order. This NOFA does not alter the g:::t::r-=::-=::~-::~::::::~:::= 117 ~ Clly--.-..-...-.. 209 established roles of State and local '38 MO-Sl Loula_...................._..._......... 364 governments in the administration of the CT -New Haven._....._..___............. 122 MO-SpringIleld....................-................. 57 CT -Wateltlury ........._.................._........ 63 MO--Sl t..oula County _......................_.. 130 Rental Rehabilitation Program.; DE-New Castle County .._......._.._... 64 NE-Uncoln "__"""""_""'_""'_'" 113 The General Counsel. as the OC-Washinglon _................................. 422 NE--Orweha _......_____....._......_ t28 Designated Official under Executive Fl-Ft. llIuderdeIe ___...__...._.... 72 NV-Las Vegas ._........_.._............_.... 66 Fl-Hialeah..-_._._..__....._. 62 NV-Reno ...._......_..........................._... 5f Order 12606. The Family. has Fl-Jacksonville.._..................__........ 209 NV-ClItk County _......__.................... 78 detennined that this NOFA does not Fl-Miaml.___..................................... 318 NH--Manchester _...._._.......__.. 55 have potential significant impact on Fl-Miaml B-=h ..m............................... 15t N.J..-C8mden__._.........._............_.. 66 Fl-C>rlando___.........._._..__... 83 NJ-Eut Orange .........._...................... 64 family formation. maintenance. and Fl-st. Petersburg.........._....................... '03 NJ-Elizabeth ........................................... 74 general well-being, and. thus, is not Fl-T~.._........:....._.................. 60 NJ-Jersey CIty ........................................ 209 subject to review under the Order. Fl- Tampa._.._...._............................. f22 NJ-New8rk __....................._._...._ 372 Fl-Broward Counly..._......_.................. 115 NJ-P88S8lc ..___.._...._.__._._....._ 50 The Catalog of Federal Domestic Fl-D8de County __.._.......__........ 287 NJ-. -Puerson..._.........._._.................._.. t31 Assistance program number is 14.230. Fl-Hlllsborough County ..............._....... All NJ-- Trenlon_._..................................... 66 Rental Housing Rehabilitation. Fl-()range County ..............._.............. &7 NJ-Union CIty ..._.................................... 80 Fl--Palm B-=h County ........................ 91 NJ-8ergen County -.-....-..-...-.. 188 Authority: Section 17, United State. Fl-Plnellas County ....._......................... 61 NJ-Su1ington County -.----....-.. 54 Housing Act of 1937. 42 U.S.C. 14370; Section FL-PoIk County._...._........_............ 53 NJ-E_ County ..........._............_....... 89 GA-AlIanta ......_.._.................................. 298 NJ-.Hudsori COUnly....._.......................... 160 7( d). Department of Housing and Urban GA-CoIumbus ......................................... 75 NJ-Monmouth County_.._.....___... 83 Development Act, 42 U.S.C 3535(d). GA-.Wacon...._.._.___............._.. 68 NJ-Unlon County.............._................... 78 GA--SeYtInnIh _........._.._.__, 83 NM .-.b .querque ........................._........ 117 GA-De Kalb County __._...._........ t09 NV~__.....__..._.._ 90 GA-Fufton County......,........................... 59 NV-Bul'falo ...._...._......._........................ 343 Hl-Honolulu ........................_................. 258 NY-Mount Vernon .........................._...... 54 Federal Register I Vol. 56. No. 90 I Thursday, May 9. 1991/ Notices 21573 APPENDIX A-RENTAL REHABIlIfA110N APPENDIX A-RENTAL REHA8lUTATION . APPENDIX A-o-RENTAL AEHABlUTATlON PRoGRAM FORMUlA AlLOCATIONS- PROGRAM FORMULA Au.0CA~ PRoGRAM" FoRMulA Au.OCATlONS- FISCAL YEAR 1991-cont1nued FISCAL YEAR 1991--Contlnued FISCAL YEAR 1991--Contlnued '. ~ 00Iers In S1et. ioC8llty . DoIIIrIIn Still 10. 00Iers In, IttouundI lIlouUndI IIouI8ndI - NY-.New york.....__................__. 1,161 0R-Pcll1land__......_.... 280 TX-OeIaL.. . 991 NY- Rochester ......_................_... 185 OR-Waahington County__....... ; 66 TX-eI PeIo.. ' 111 NY-.Syrac:use.........__..........._..._.. 140 PA-AlIenlown ......_............._.. sa TX:.-Fort Worth..-. 1as NY--Utica.................................................. 159 PA-Erie _._.......___...._....._ 84 TX-HouIton.____ lI32 NY- YOlWtetS .........._............................ 110 PA-PhlIedeIphIa .............._........._...,. 1,078 TX-l.utlbodl tu 84 NY-Nassau County _............._............ 190t PA-PItt8burgh.....................--.......... 318 TX..;&n AntonIo 3Cl6 NY-sutfolk County ..........................._. ... PA-Reeding._._................................. 66 TX-W'CO......;._ 52 NY-Westchester County...................... 112 PA-AlIeg/leny County..................._ 224 TX-HenII County 10 NC-Oiar1otte..........._...................... 121 PA-8ucka County___............._ 66 UT -,SeIt LaI!e ~ 102 NC-Ourhem............._......................... 68 P~ County............_................. 81 VA-Newport ..... ~_.....:...... 158 NC-GIeensboro ......_............................ eo PA-OelawaAI County ........................_ 73 VA--NorfoIl 148 NC-Raleigh.............................................. 63 PA-lancaster County.............._....;..... 54 VA--RIchmond 143 NC-Winston-Salem ................................ 65 PA-luzeme County................................ 68 VA-Vrg/nle Beech 68 OH-Alr.ron ............................................... 111 PA-Montgomery County ....................... 80 VA-Mington Cow1ly 68 OH-Cincinnali ..............................._..... 331 PA-WashIngton County _..................... 80 VA-Felrfax Cow1ly 81 OH-Cleveland ....................................... . PA-Westmorel8nd County.................... 59 WA-Seatlle.. 292 OH-Cofumbus ......................................... 814 RI-Providence ......................................... 158 WA-Spokane.___.............._... 103 OH-Oayton .............................................. 131 SC-alarIeston ........................................ 65 WA-Tacoma.____._. 84 OH- Toledo ............................................. 185 8C-CoIumbla........._............................. 51 WA-I</ng County_....__ 112 OH- youngstown.................................... 63 SC-Gr88lWille County ....................:...... 51 WA-Plerce County...__..~_. 14 OH-Cuyahoga County........................... 19 TN-Olaltanooga..............................._. 83 W\.-MlIdlIIo>t.....___....-......... 104 OH-Hamihon County.._....................... 72 TN-I<noxvlUe ......................................... 98 WI-MlIweukee _._...~.....____ 361 OH-Montgomery County ....................... 61 TN Memphis ......................................... 298 PR-Mayaguez M\.rIiciplo..-........- 68 OK-oklahoma City ._............................ 148 TN-NastlIIiIle-Oavldson.._............._.. 169 PR-Ponce Munldpio __..._ 77 OK-Tulsa ........................._......._........_... 124 TX-Austln..........................................'--. 193 ~ Juan MI.ricIplo S02 OR-Eugene ......................................._.... 62 TX-<:orpus ChrIstl.............................. 78 ApPENDIX B-FY 1991 RENTAL REHABILITAnON ALLOCATIONS TO CoMMUNITIES AND STATES. (Amoun~ in thousands of doIIlnl ' State EntIIIed pIaceI 0plI0n8I MIninum .... Total fundi .,.... Alabama..........................................._.........................._...................._....._..........................._....................._ 375 101 411 881 Alaska ..............................._..................................._..........................................................._...................._ 0 44 28 12 Arizona.................._.............._...................................................................................................................._ 391 182 134 887 Arkansas............._.._......................................_.__............................................................_............_._..._ 64 53 S42 459 Califomia......................................................................................................._......................................_._ 8,373 . 1.261 1,388 8,~ CoIorlldo ................._............_.............._.........................................................._....................................__.. 358 232 208 19& Connecticut ............................................................................................................................................._.. 441 144 S48 933 0eIawar........................................................................................................................................................... 84 41 18 130 DC ...................................._............._._........................_..................................._.................._................_....... .422 0 0 422 Florida .. ..........;;............_............................................._..............................................................................._. 1,932 4Z7 535 2.894 Georgia ....................................................._................_......._..._...,...._.............._........_......................_.. 890 107 l598 1,393 HaW8R ................................................................................................._.................................................._...._ 258 0 38 294 Idaho .................................................................._..............................................................................._........... 0 33 133 166 Illinois ..............................._ .........................._......................_......................................................................_. 2.854 361 163 3,998 Indiana ......................................................................................................................................................:....... 443 221 460 1.124 Iowa................................................................................................................................................................... 78 151 328 556 Kensas ......................................................................................................................._..................................... 155 102 243 500 K.n1ucky ....................................................................._......_......................................................................_.... 328 0 388 118 louisiana.................._................................................................_................................................._.................. 768 90 365 1.223 Maine ............ ..................................... ............................................................._............................_.................. 51 0 229 286 Maryland ......................................................................................._.................................................................. lI68 <43 166 1.177 Massachusetts ........................................................................................................................_....................... 1.261 140 869 2,270 Micnigan........................................................................._............................................................................... 1.313 148 166 2.225 Minnesota ,........................................................................................................................................................ 426 78 320 824 Mississippi .................................................................._.................................................................................... eo 0 384 484 Missouri........................................................................._.................................................................................. 760 68 364 1,190 Momana............................................................................................................................................................ 0 61 123 174 Nebraska .............................................................._.............................................._..............................._....... 189 0 118 308 Nevada.............................................................................................................................................................. 193 0 51 2<< New Hampshire ........................................................_..................................................................................... 66 0 158 213 New Jefsey...................................................................._..........................................................................._ 1,751 292 511 2,554 N_ Mexico................................................................................................................................................_.. 117 0 176 293 N_ York......................._............................................................_.............................................................._ 8,538 549 889 9.976 North Carolina.,. .... ......... .... ........ .................................................................. .................................................... 375 122 5n 1.074 North 0811018.............................................................................................................................................._.. 0 28 78 104 Ohia.................................................................................................................................................................. 1,785 S20 881 2,988 Oklahoma ......................................................................................................................................................... V2 56 352 880 Oregon .............................................................................................................................................................. 378 98 279 755 Pel1l)S)llvanie ..........................................................................................................................................-........ 2,292 294 880 3.. Rhode Island .............................:...................................................................................................................... 158 64 189 . 411 South Carolina .........................................._.................................................................................................... 167 62 382 601 . 2t57~ FedeW ..... I Vol. 56. No. 18 I Thursday. May 9. 1991/ Notica APPENDIx B-FY1991 RENTAL. REHA8aJTATlOM Au.ocAllONS TO CoMMUMllles ANl> STATEs-Cominued IAIRounla ill ~ Gf dolI8rIJ StaIII EnllIIed plIIC8lI <:lplIoM ~.... ToW funds tpnla SolA DIkI* ...----- ..---.........-............--........-............................... 0 2It 95 '24 Tennessee... _.._.._.................................__......._......................._............................................ 84Il '8 378 t~ T... ............ ...._._..._......_...................__....__...._................._.._........._....___._........ 2.080 ~ 1.f88 3J34 UtItt.........._... __............._..................._...._._........................._.................._........................ ' '02 'w 93 304 VIrIftOrIt ......... _._................................_ ........-.---...-..........--..............................-....-...... 0 0 f05 '06 V/rginiII...........--......-..........................--.....--.--........---.-............................................ : 583 . 228 31S 1.188 Wuhington....-.........................................-.--..............-.................................................................. 686 ,~ 34' 1.159 Welt Virginla... ............................................_._...................................................................................... . 0 8lt 226 292 WllIconsin ........ __.....................................__..................................................................................... 456 911 480 fJl3' 1/VYomirlg.-.....--.....................................-.-.........--....-..................-........................................... 0 0 19 19 Puerto Rico....... ...._.....................................__..................._.............._............................................ 4:R 2CZ 269 908 Total ........... ............................................._...._....._....................................................................... 42.018 7,324 19.098 88,SOO APPENDIX Cr-RENTAL REHABIlITATION APPENDIX C-RENTAL RcHABft..lT ATlOH APPENDIX C-RENTAL REHABtUTATION OPTIONAL GRANTEES-FISCAL YEAR 1991 OPTIONAL GRANTEEs-FISCAL YEAR OPTIONAL GRANTEES-FISCAL YEAR 1991-Continued 1991-Continued Stata--focaIi&y DoII8rs In lhcMMda 00llIn In Stat-rocallty 00IlarI1n Stale-localily ~ thoI-.ldI AL-Dothan...._ ..._....................._ ,. At.-Huntsville.._..................._....._. 40 CO-Fort Collins...................................... 33 ~nson County..............................., 2~ AL- TuscaJoosa _..._...._......_.. 43 co-GreeIey ............................................. 28 LA-Alexandria......................................... 2a A~_._..........._... .. co-Lakewood....................................... 22 LA-l.&fayette ........................................... 30 AZ-G1endaIe.- __........._........_ 25 CO-PuebkI............................................... , 40 LA-Monroe .............................................. 32 AZ-Mesa........... ..................................... 37 CO-AdamI County ................................. 34 a.tD-Anne Arundel County ..................... 43 AZ- Tempe..._ ................................... 36 Cl'-Denburr-.........-........................ ~ a.tA-StookIAe__._........................ 3S AZ-Maticopa County .............................. 38 CT -New Britain ....................................... 40 MA-Chicopee.......................................... 20 AZ-Pima County ..................................... 28 CT -NofwaIr__.................................... 26 MA'-MaJden.............................................. 28 AR-Fort Smith......................................... 27 CT-St8mfard .._......_............_............... 38 "-4.\ Madf0l6............................................ ~ AR-Pine BlufI.......................................... 28 CT -west Haven...................................... 20 MA-Ouincy .............................................. 36 C/'. .IIIwnecIL....._..__..................... 29 DE-WIlmington........................................ 47 MI-Ponliac............................................... 35 CA-AIh8mbra -............-....-- 32 R-Cl88IWldBr ............................_.......... 29 M1~............................................. 42 CA-Bak..flekL..................................... 40 Fl-Oaytona Beach ................................. 39 MI~ County.............................. 40 CA-8el1ftower ...._................................ 24 Fl-GainesviIle........................................ 49 MI-Mac:omb County ............................... ~ CA-8U1bank ......m.................................. 38 FL-Hollywood......................................... 37 MN-OuIuth......._..................................... 49 CA-ChuIa VISta ...................................... 37 Fl-lakelancf........................................... 21 a.tN-Dakota County ................................ 29 ~........................................... 35 FL-PensacoIa.......................................... 26 MO-ColumbIa.......................................... 34 CA-Costa Mesa..................................... 37 Fl-PO/llPlIIlG Beach.............................. 22 MO-Sl Joseph ...................................... 32 CA-DeIy .................................................. 2f Fl-Sarasota........................................... 22 MT -8ilIings ._......................................... 29 CA-Oowney ............................................. 2S FL-West Palm Beach ............................ 38 MT -Great Falls .............,......................... 22 CA-EI Cajon ......._.................................. 35 FL-8reYard County................................. 3' NJ-Bayonne ............................................ 36 CA-EI Monte .......=................................. 42 FL-Escarnbia County ............................ 41 NJ-INIl'lgton ............................................ 46 CA-E8condido CIty................................ 28 Fl-Pasco County ................................... 28 NJ-Camden County ............................... 46 CA--Fremont ........................................... 24; Fl-Volusia County.................................. .... NJ-Gloucester County ........................... 41 CA-Garden GIOIIe ................................. 34 GA-AIbany ............................................... 43 NJ-Middlesex County............................. 46 CA-Hayward......._.................................. 30 GA~ County.................................... 43 NJ-Ocean County ....m........................... 42 CA Huntillgton Be8ctl............................ 48 ' GA-Gwinnett County.............................. 21 NJ-Somerset County _.......................... 31 CA-Hantington Park ............................... 39 ID-Boise................................................... 33 NY-Amherst Town._............................ 18 CA-Lynwood ........................................... 2' IL-Aurora ................................................. 23 NY -Babylon Town.................................. 33 CA-Modeato............................................ 36- . Il-champaign ......................................... 35 NY-Binghamton ...................................... 45 CA-Montebello..__............................... 20' : Il-Cicero.................................................. 3C NY -Huntington Town ............................. ~ CA-Monterey Parlt.................................. 18. IL--Decalu' ............................................... 35 NY -Islip Town .........................................; 45 ~tIonaI City..................................... 25 Il-Evanston............................................ 34 NY-New Rochelle .................................. 35 CA-NoIwaIk....__.................................. '9 Il-Joliet...................................... .............. 26 NY -Niagara Falls.................................... 42 CA--Oceenside ........................................ 30 ll-flocldOtd ............................... .............. 49 NY-Schenec1ady ..................................... 49 CA--()ntario ........._.................................. 25 ll-5pringfield........................................... 4. NY - Trf1'/ ................................................... 43 CA-OXnard ........_.................................. 39 Il-Waukegan........................................... 2f NY-Union Town...................................... 22 CA-Pomona............................................. 3E Il-Lake County ....................................... 35 NY -Dutchess County ............................. 33 g=~::~~::::=:::::::::::::::::J 2E ~1~-~=:~::;-~:~==j 4~ NY -E'" """'" --..-.........-.........-. ..._1 44 23 2~ NY -Monroe County ................................ 46 ~~~~:::=::=:=::::::::::=::::::::::::::::I 3C 37 NY-<>nondaga County .......................... . 32 32 31 NY-Qrange County ................................ 42 28 4C ~g:=::=:::::::::::::::::::::::=:::::::::::I. ~ CA-5anta Clara ..................................... 29 IN-South Bend........................................ 37 33 CA--5outh Gata ....................................... 30 IN- Terre Haute ...................................... 27 29 CA-SunnyvaIe ......................................... 30 IN-lake County ...................................... ' 2E ~w::~.~::=::=::::::::::::::::::::::::::::::J 31 CA-ValleJO ............................................... 24 '''~ar Rapids..................................... 3( 2a CA-Venwra ............................................. 29 .A-COUncil Blulf1I..................................... . 1e ~___-_mmm-l 45 CA-WIlittier .............................................. 23 IA-Davenport........................................... 4C OH-HamiIton City ................................... 31 CA--Alameda Countr .............................. 46 1J1\-1owa City ............................................ ' 3. Oti'-lak~..........._............................ 27 CA-Ventura County ................................ 46 lA-Sioux Cil\I.......................................... ' 31 OH-lorain_........................................... 23- co-Aurora............................................... 32 :t:~~.::::::::::::::::::::::::::::::::::::::::J 3E Oti-Mansfield.......................................... 25 co-aoulder .......,...................................... 43 4' OH-$pringfield ........................................ 45 . . Federal Register I Vol. 56. No. 90 I Thursday, May 9. 1991 I Notices 21575 . - .PPENDIX C-RENTAl REHABIUTATION APPENDIX C-RENTAl REHABIUTATION APPENDIX C-RENTAL ReHABIUTATION OPTIONAL GRANTEES-FISCAL YEAR OPTIoNAL GRANTEEs-FISCAL YEAR OPTIONAl GRANTEEs--FlSCAl YEAR 1991-Contihued 1991-Continued 1991-Contlnued - State-locality Dollars In State-bcalty DoIkn In State-b:allty Oollers In Ihousands IhouIIndI lhoI.INncla - OH-Wamln.............................................. 22 TN-Clerksvitle ........................................ 18 VA-lynchburg ........................................ 26 OH-FranIdin County .............................. 43 TX-AbiIene ............................................. 28 VA-Portsmouth...................................... 41 OH-StaI1I County ................................... 33 TX-Amarillo ............................................. 38 VA-Roenoke ........................................... 49 OH-Summit County ............................... 28 TX-Baytown City............_..................... 18 WA-Everett............................................. 26 OK-lawton ............................................. 28 TX-Seaumont.......................................... << WA-Clark County.................................... 48 OK-Norman............................................. 28 TX-BrownsviIle........................................ 37 WA-Snohomistl County ........................ .s OR-Salem ............................................... 39 TX-Denton............................................... 25 WA-Spokane County ............................ 32 OR-Clackamas County......................... 39 TX-Galveslon.......................................... 34 WV-Cllarleston ....................................... 26 OR-MullIlomah County......................... 20 TX-Garland.............................................. 21 WV-Huntington ....................................... 38 PA-AItoona............................................. 25 E:~::::::::::::::::::::::::::::~:::::::::j 23 Wl-GreGn Bay......................................... 33 PA-Harrisburg ......................................... 38 40 Wl-Racine ..............._........._................ 29 PA-Lancaster ......................................... 37 22 W1-Ml1waukee County............................ 34 PA-Scranton .......................................... 49 TX-San Angelo.......................................1 24 PR-AguadiIIa Municipio......................... 25 PR-Arecibo Municipio ............................ 28 PA-lJpper Darby ..................................... 24 TX- Tyler................................................... 27 PR-Sayamon Municiplo ......................... 46 PA-Beaver County ................................ 48 TX-WIChila Falls ..................................... 30 PR-caguas Municipio ........................... V PA-8erlls County................................... 33 TX-Hidalgo County................................. 47 PR-CaroIina Municipio ........................... << PA-VOf1< COUnty...._.............................. 40 UT -{)gden ............................................... 29 PR-Guaynabo Municipio....................... 22 RI-P8WIUCk&l.......................................... 48 UT -Pr0l/0................................................. 36 RI-W8I'Irick.............................................. 18 UT -Salt Lake County ............................ 44 I ~.......................................... 34 V A-AIelllll'ldri8 ..................................... .... 45 (FR Doc. 91-11090 Filed ~: 8:45 amI SC-North Charlestcn ............................ 28 ~:=~~~.::::::::::=::=::=::=:::::::::::::I 26 SO-Sioux Falls....... ................................ 29 35 8It.UNO CODE ."Cl-2t-111 . . ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERtM SUBJECT: . AGENDA ITEM #,~ - MEETING OF ,JUNE 11, 1991 APPROVAL OF SURPLUS PROPERTY LIST DATE: June 7, 1991 The City's Administrative Policies and Procedures provides that Commission approval of the inventory list of surp~us property must be obtained prior to advertising an auction. The inventory list is attached as backup material for this item. A tentative auction date of Saturday, July 27th has been selected, subject to Commission approval. Recommend approval of surplus property auction list and establish July 27th as the date for the auction. MEMORANDUM TO: David T. Harden, City Manager 'THROU~Robert A. Barcinski, Assistant City Manager/ ~dministrative Services Ted Glas, Purchasing Officer d~ FROM: .~ DATE: June 3, 1991 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - June 11, 1991 - CITY AUCTION - SALE OF PERSONAL PROPERTY Item Before City Commission: The City Commission is requested to approve the sale of personal property by public auction to be held July 27, 1991. Background: Attached is a list of obsolete and surplus personal property for the next City Auction. Following is a breakdown of items on the list. City Personal Property 38 Automobiles 8 Trucks 2 Motor Cycles 1 Tractor Various old mowing equipment Various old office equipment Various old tools and equipment Miscellaneous old items (some items may be added or removed, if needed by a City Department.) Lost, Stolen or Abandoned Property (From Police Department) Miscellaneous: Jewelry, tools, radios, stereos, televisions, clothing, sporting equipment, etc. Recommendation: Staff recommends disposal of above personal property by public auction all in accordance with City Ordinance, Section 36.35 and Administrative Policies Section Pur 10. Currently the City has a contract with McBride Auctioneers. Attachment: List of Items for Auction pc Allison MacGregor Harty Jerry Rude Mark Kilbourne Leon Slydell Barbara Schooler [IT' DF DElAA' BEA[H 100 NW. 1" AVf,~JUE lJf:LRAY f3 AI..H ;-LJH'Dr\:U<144 ...Ol'7.!:-:; iC)(Y} A MEN D E D I M E M 0_ RAN DUM TO: Ted G1as, Purchasing Officer \] FROM: Susan 0' Brien, Asst. City Clerk ~~-. SUBJECT: VEHICLES FOR CITY AUCTION DATE: June 4, 1991 The following is a list of City-owned vehicles which will be sold at the upcoming auction: (1) 1971 Chevy/C-20 Wrecker Body (1) 1975 Ford F-600 (1) 1978 Chevy Nova (1) 1981 Ford Rescue Truck (1) 1983 Dodge Diplomat (1 ) 1983 Ford LTD II-Wagon (2) 1983 Dodge Omni (6 ) 1983 Ford Ranger (13) 1983 Ford Fairmont (1) 1985 Kawasaki Motor Cycle (2) 1985 Ford LTD (3) 1985 Dodge Diplomat (1) 1986 Kawasaki Motor Cycle (2) 1986 Dodge Diplomat (7) 1987 Ford LTD/Crown Victoria (7) 1988 Dodge Diplomat THE EFFORT ALWAYS MATTERS NON-TITLED EQUIPMENT Essick Roller/VR42RET - 1974 Ford Tractor 4400 - 1973 Worthington Air Compressor - 1966 Prismo Striper - 1982 Ford/Clamshell - 1973 Dynahoe/Backhoe - Bucket - 1970 Compressor - 1973 Jet Machine - i I 1 ~ :,1 $ i I I T -- '--i CI - :2 I - -- - 1'J :'l - Iii - -"I ii -- I m -l - j TI "1 I ,,," , r- .- ~i - J:I - -< ., .... ... , ,J} "If . - , Z D ,- ,:-; - -I ., , M -, .... 1> :) "'..' Z :1) :2: Z -rt ,- - ,~ ~ E Z IT! - n :I :'l5 -- - .5J P I -.; 'l'l - ,%. -, 7J .. .- ! - A "" - - w J') I I i ! I I I I ! 1 I I I i --.. --...._.~~ -- ..-.--..-. ~III_. _, ......~., .---..... , .--- _,. .'".. --. _.., --- . I I - " - .- t1; ~I -- -- .., ",I , ':?- ~~ ~ ~ ::01 ,~ ~i .. , ~.' !:f 7" :;u 'm <Tl -'- m ~ :i r; ,- - , r; -, :u I! =: :u - I'! :;:'1 rr! rr! - ~I D '::;> ~; 1> -f - - .... ... - -, ... 0 ~ =1 0 z Z Z 2! z I I ! I - i; '" - 11:: , - JI,,, ~2 :0- - ... - - I :~ '" z: 2 - ... - .,< if = S ..; i' --' ~ " - - --.... --"'"" "." ~.~- _.- ---., ._--- --_..-, -- ,_1__" - ., ,_..~,..,._.",-- ~ .'- - ~-_., I r 0 ,- '=' - ~' m - m - - - ." .., - ..... .,., "", J:> " ~ -' "- ;1 ~- ::r:J ::r:J - - ..... - - -I :r 3' :r :x - ~ "'" m =r z - Z z ~' z -I -, - -I - -, -I , I' i I I I i ; ! I I \ ! _I. .-. _1--' .......-,.., _'~__" ",....--... -- ",-- --- ~__"ll_ " - - I n ~ m m - I -! ':1 m - ; "'J -. I ~ '" ! -:-:-i .... - - :t ~ - m m =' :z z :;: -9 - - I -, ) - .,- .,...--.. '__I- .- -- '1____ ..--., ,-.--... ,-- I I i - - ~i "T.I - - - ! -r'f -' 9 -' - - ... =- = = =- )'J - =1 .... ~ -=1 - iT' - q - _I m - -I ,- ~I =1 - l~ -- c:- D --I - - l I ::1 -- ;-1 ='- -, ~I .' -- ,- - - - ,.- 3: ., - fl ~ '- ~ ..; jJ ~ ~ :i:1 <: .... ..., " 11 J) 1) :3 "- .,.: :3 n D UJ UJ IT1 -l -l IT1 n 1) " " 1) 0 l -<l ~J ""-"'''', fA -l> --... -.._#, ---.. ___lIIII~ .-- ~,"'..u__ ._ _1_' "". - - ..... - rJ ,.. - ,,' - r'fl :,'1: -, i - - '-' 1"1 ,- - .;., - ~ - - ::., '. - - - ~ - "'~ - ., -" c ;::: r ~ ..... - m -" i -,..~~, -- ""1'.-- -...--. "".".._-,.. .,...,,__,~ -" ,.... 'Itlo.., ...-.........- .~ ~ '" - ;l). - !lj - n - :tI - - I'll - :; J> ~ - -t ~ - ~ ..... - - ,- 0 '-' - :: - :z z - .~ !. .!=r ~.~~lIlr.F~ .,., - '1 - -rj ~ -i .... - '""' - .... - =r ~~~l Ii ~I .... ~ >'i - - (J ~, - '1 ~ .- :)0> " c;:, :ci '=" - ;-q .- , I' - ~I "tf ,- 1> r:; .- ::0 ., .- ~I -I -- 3 .... . !'IT ~ Z .- --f' "- I ,,----- ---........--,--...........--.. ~.....-~ . ~ _._.~,' ,~",.._-_...'.' "'-............- 0lil ...........__, ~j-~..,! 1.'........14'."'...itI......_ - '0 , :::: ~i m - ::;:I rn -=-1 fIl - "lJ' .., - J> ~ .. :n " - ... - ,- ;; ~ 3: -" m - :z z = - -f -; - , , ~~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM, ~CITY MANAGER ~c, 11 , 1991 SUBJECT: AGENDA ITEM # - MEETING OF JUNE REQUEST TO HOLD KIWANIS BEACH FESTIVAL/U.S.L.A. LIFEGUARD TOURNAMENT DATE: June 7, 1991 We received a request from the Sunrise Kiwanis to hold their annual Beach Festival on Saturday, July 27th. They are requesting Commission permission to sell soda, hot dogs, ice cream, t-shirts and other novelty items on the beach with all proceeds going to the Leukemia Society. No alcoholic beverages will be sold this year. In addition they are requesting that WRMF radio be allowed to place their trailer near the pavilion and broadcast the event. A waiver of parking fees for 12 volunteers is also a part of this request. Subsequent to this request, we received a request from the United States Lifesaving Association to hold the Southeast Regional Lifeguard Tournament. Staff felt it might be appropriate to combine the Lifeguard Tournament with the Beach Festival and, therefore, contacted the Kiwanis for their approval. The Kiwanis agreed to add this event as a part of their activities. Separately, however, the U.S.L.A. is requesting permission to use the City-owned stage, permission for nine vendors to display health or safety products, permission to erect eight 10'x 10 ' tents, waiver of parking fees, and permission to sell lifeguard competition t-shirts on the beach. The entire event will consist of a volleyball tournament, yacht regatta, regional lifeguard championships/junior lifeguard competition, treasure hunt, and sand art contest. Indemnification insurance has been provided, with the U.S.L.A. providing a rider to the Kiwanis' policy naming the City as additional insured. Recommend approval of request from the Sunrise Kiwanis and United States Lifesaving Association to hold a Beach Festival and Regional Lifeguard Tournament on Saturday, July 27th at the Municipal Beach and approval of requested items from both organizations. Agenda Item No. : AGENDA REQUEST Date: May 31. 1991 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: June 11. 1991 Description of agenda item (who, what, where how much): Request approval to host the Sunrise Kiwanis Beach Festival/U.S.L.A. ~outheast Regional Lifeguard Tournament on Saturday. July 27. 1991. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval to host the Sunrise Kiwanis Beach Festival and United Stated Lifesaving Association Southeast Regional Lifeguard Tournament. Department Head Signature: Determination of Consistency h Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: &/ NO {tv'] Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Kiwanis Beach Festival/U.S.L.A. Lifeguard Tournament DATE: May 31, 1991 Attached please find a letter of request from Rena Shannon to again host the Sunrise Kiwanis Beach Festival on Saturday, July 27, 1991. As you know, the Sunrise Kiwanis has hosted this festival over the past years and are requesting the following. 1. Sell soda, hot dogs, ice cream, t-shirts, etc. with proceeds of these sales donated to the Leukemia Society. NO alcoholic beverages will be sold. 2. WRMF radio station be allowed to place their trailer near the pavilion and broadcast the event. 3. Twelve (12) parking spaces blocked off for use of the committee members and race committee. 4. Events will include Volleyball Tournaments, Yacht Regatta, Treasure Hunt and Sand Art Contest. We were approached by the United States Lifesaving Association about hosting the Southeast Regional Lifeguard Tournament which we hosted in 1988. We thought this was an event that might fit in we 11 with the Kiwanis Beach Festival and offered it to them as an event which they approved. The tournament is for lifeguards from the southeast section of the country and they are requesting use of our stage, permission for nine vendors to display their health or safety products, permission to erect eight ( 8) 10' X 10' tents in the competition area, parking areas set aside for competitors and boat trailers, and permission to sell lifeguard competition t-shirts on the beach. I recommend the Kiwanis Beach Festival and U.S.L.A. Southeast Regional Lifeguard Tournament request to use the beach on Saturday, July 27, 1991 be approved and that this be placed on Commission Agenda on June 11, 1991 for their consideration. Parks and Recreation JW : j mh REF:KIWANIS.DOC May 30, 1991 Mr. Joe Weldon Parks and Recreation Department 15 NW First Avenue Delray Beach, FL 33444 Dear Mr. Weldon: Due to overcommitments on the part of Mr. Chip Koval, 1 have been selected as the replacement chairperson for the 1991 Delray Beach Sunrise Kiwanis Beach Festi- val which is scheduled for Saturday, July 27. This year's festival will follow a similar format to last year, with only a few slight changes which I have outlined below. The list of activities will once again include Volleyball , the Prindle Yacht Regatta, a Treasure Hunt and a Sand Art Contest. At the suggestion of Rich Connell, Delray Beach Patrol, we will elimina te the boardsailing contest, which will now be replaced by the United States Lifeguard Association's Southeast Regional Champ- ionships. We feel this will enhance our event in that it will generate more interest for beachgoers and spectators. The Delray Beach Kiwanis is once again requesting permission to sell soda, hot dogs, ice cream and T-shirts; proceeds from these sales will once again be donated to the Leukemia Society of America. All sales will be made out of the trailer, ice cream truck, etc. , which will be set up along the grassy strip at the end of Atlantic Avenue and AlA. Last year, the city commission approved this request. We are hoping they will do so once again. We also request permission for the stage and public address system on the beach, as approved last year. Changes in our proposal for this year are as follows: 1. With regard to public safety, sensitivity of the beach area and our role in community service, the Kiwanis Club and the Leukemia Society of America will not be requesting a permit for the sale of beer. 2. In order to create a better organized and professional event, we are requesting tha t WRMF 97.9, the sponsoring radio station, be allowed to place their trailer on the grassy area along AlA and near to the pavillion. The trailer will serve as an information booth, lost and found, and focal point for event organizers. 3. To make our parking more efficient, we are also requesting 12 parking passes to the south parking area. These passes will be used for our event committee and the Prindle Yacht Race Committee. Mr. Joe Weldon Page 2 May 30, 1991 Attached you will find a sam [,' 1 e of our release form tha t will be formated to meet the requirements of all those teams participating. Also attached is a copy of our schedule of events and <1 proposed special use permit for the festival. The success of the Ki\.olanis Beach Festival is due in great part to the coope:ration and professionalism of the beach patrol and the parks and recreation department. I look forward tow orking with you to ensure success of this year's beach festival. If you have any questions or require any further information, please do not hesi- tate to contact me at 498-4440 Gxt. 4277 . R~an~ Chairperson, Delray Sunrise Kiwanis Beach Festival Ene. , . DELRAY BEACH PARKS AND RECREATION DEPARTMENT SPECIFIC USE PERMIT Organization: Delray Beach Sunrise Kiwanis Addre~~: c/o Rena Shannon 5352 Linton Blvd., Delray Bch. FL 33484 Repre~entative & Title: Rena Shannon, Pres., Beach Festival Chairman Telephone Number: (407) 498-4440 Ext. 4277 Park Location: Beach - Atlantic Avenue and Ocean Avenue (A-I-A) Date(~) of Permit: July 27. 1991 July 28. 1991 Saturday/Sunday De~cription of Activity: Volleyball, Prindle Golden Cup Yacht Regatta, Regional & Junior Lifeguard Competition, snad art, treasure hunt. sale of soft drinks. ice cream. ~ The following arrangements. activities or condition~ have been approved and agreed upon: . The rules and regulation~ regarding the Delray Beach Parks and Recreation Department - . . policy must be complied with. A~ the. permit holder I understand that I am re~pon- ~ible for the action~ of the group and that this permit may be revoked at any time for~oncompliance with park rules, regulation~, ordinance~. Insurance Requirements Limits Comprehensive General Liability Policy $1,000,000.00 Special Events Policy $ Insurance Certificate Permittee shall indemnify, defend and hold harmless, the City, its officers, agents, and employees from and against all claims, suits, actions, damages, liabilities, expenditures, or causes of action of any kind arising out of or occurring during the activities of permittee, and resulting or accruing from any negligent act, omis~ion or error of permittee, resulting in a relating to injuries to body, limb or property sustained in, about or upon the permitted premi~es or improvement thereto, or arising from the u~e of the premi~es. 5/;/I/<j/ d~u0 DAT~ REPRESENTATIVE I -- APPROVAL: DIRECTOR, PARKS AND RECREATION DEPARTMENT DELRAY BEACH SUNRISE KIWANIS 15th ANNUAL BEACH FESTIVAL FOR tHE BENEFIT OF THE LEUKEMIA SOCIETY OF AMERICA DATE: Saturday, July 27, 1991 TIME: 8:00 a.m. to 6:00 p.m. PLACE: Delray Municipal Beach DIRECTIONS: 1-95 to Delray Beach Exit, east on Atlantic Avenue to AlA PARKING: Parking is available at both north and south ends of the beach. Prindle yacht regatta participants will park in the Seagate parking lot. Prindle race officials will park in Anchor Park. Volleyball and lifeguard participants will park in the north lot. EVENTS AND ATTRACTIONS: VOLLEYBALL TOURNAMENT Registration & Information: John Palhof, Florida Volleyball, Inc. 407-641-3908 Schedule: 8:00 a.m. - Registration 8:30 a.m. - Captains Meeting 9:00 a.m. - Play begins Entry Fee: $15.00 per player Format: Format will be determined by the number of teams registered in each division. Divisions: Doubles - men AA, A & B women AA, A & B Sixes - Coed B & C Trophies & Prizes: Sponsor trophy awarded to each first and second place team Each first place doubles team will receive two Spaulding Top Flight Volleyballs. Each first place sixes team member will receive T-shirts. Players must be present to receive prizes. PRINDLE YACHT REGATTA - (2 Days) Registration & Information: Troy Ennis, Regatta Chairman, 276-0353 Schedule: Saturday, July 27th 9:00 a.m. - Registration 11:30 a.m. - Skippers Meeting 12:30 a.m. - Race Starts Three races scheduled PRINDLE YACHT REGATTA (continued) Schedule: Sunday, July 28th Scheduling will be the same as on the previous day. Two races scheduled Entry Fee: $30.00 per boat Format: Races will be run in heats with a sequence of 3 minute intervals. Divisions: Prindle Catamarans All other- Open Port smith Race Trophies & Prizes: Trophies will be awarded to first, second, and third place winners in each racing fleet. Participants will also receive complimentary T-shirts, banquet invitations and will be eligible for prize drawings. REGIONAL LIFEGUARD CHA}~IONSHIPS/ JUNIOR LIFEGUARD COMPEtITION Registration & Information: Rich Connell, Delray Bch. Patrol, (407) 243-7352 Schedule: Registration Tent - Atlantic Ave. & AlA Junior League: 8:00 a.m. Senior League: 10 : 00 a. m. Entry Fee: Free Format: Senior League: Beach flags, 1000 yd. swim, 1000 yd. peddle, run, swim, run, Dory Boat race, International Iron man, 2 mile run, Land line Rescue & Dash & can rescue. Junior League: Surf relay, run relay, distance swim, distance run & paddle board relay. Divisions: Junior & Senior Trophies & Prizes: Winners in each division will receive medals 1-5 places in open 1-3 places for age groups TREASURE HUNT Registration & Information: Chip Koval (407) 750-4843 Schedule: 10:00 a.m. Registration 10:30 a.m. Treasure Hunt Begins Entry Fees: $5.00 Treasure Hunt (continued) Divisions: Adult/Children Prizes: Aproximately 50 assorted prizes will be available. One Grand Prize in Adult Catagory SAND ART CONTEST Registration & Information: Alex Washburn, Lekemia Society, 478-8550 Schedule: Registration - 8:00 a.m. - 10:00 a.m. Contest: 8:30 a.m. to 1:00 p.m. Judging: 1:00 p.m. Entry Fee: $5.00 Format: Open contest Divisions: Open Trophies & Prizes: Prizes will be awarded to first - third place FOOD & REFRESHMENTS: Sodas, Hot Dogs and ice cream will be available beachside. FOR MORE INFORMATION CALL THE LEUKEMIA SOCIETY OF AMERICA, Alex Washburn, 478-8550. ", "\ ~CU./Ut. CERTIFICATE OF INSURANCE ISSUE DATE ,M'.' J:: '" 'AQDUCER THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFOR~ATIOr. ONLY A'.C CO',FERS . WELLS & COMPA!'.!', INC. NO RIGHTS UPON THE CERTiFICATE HOLDER THIS CERTIFICATE DOES ,,"OT AME"-'O EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P.O. Box 397 8445 Keystone Crossing, Suite 200 COMPANIES AFFORDING COVERAGE Indianapolis, IN 46206 COMPANY A CIGNA Insurance Group LETTER CODE SUa-CODE COMPANY B INSURED KIWANIS INTERNATIONAL, LETTER ALL CLUBS AND THEIR MEMBERS, COMPANY C INSURED LOCAL CLUB: LETTER COMPANY D Address LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFV THAT THE POLICIES Of INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCv PERIOD INDICATED, NOTWITHSTANDING ANV REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS TR DATE (MM:)O.YY) DATE (MMi::lOiYV/ GENERAL LIABILITY GENERAL AGGREGATE 52,000 A X COMMERCIAL GENERAL LIABILITY SVP D 16 96 23 51 11-01-90 11-01-91 PROOUCTS.COMPtOPS AGGREGATE 52,000 CLAIMS MAOE X OCCUR PERSONAL & AOVEI'lTISING INJ.,JI'l' 5 1 ,000 OWNEI'l S & CONTI'lACTOI'l'S PROT EACM OCCURI'lENCE S 1 ,000 FII'lE OAMAGE 'Any 0"' fir" S 50 MEOICAl EXPENSE (An. 0"' p.,.on 5 AUTOMOBILE LIABILITY COMBINEO SINGLE S 1 ,000 A ANY AUTO CAL H 04 57 44 24 11-01-90 11-01-91 LIMiT ALL O.....NEO AUTOS BOOIL Y IN.JUI'lY 5 SCMEC\.JLEO AUTOS tP.r oe'son) X HII'lEO AUTOS BOOll Y IN.JUI'lY 5 X NONCWNE::l AUTOS _ . &~ 1..t~ -I...t.1. (Per .ee.d.n!) '''''' '''''CO'' . i-f,J.l.J.. ~ "5 '"0"'" '* ~'- 7 OAMAGE 5 ."m ,,,.,,,,, ~ - I.J.-I-LL P-<- ,,,. ",,,,,,, a,o - . . OCCUI'lRErICE 0"" ,... ,.."~,, '0'. ~ 4:c~,k. YtJdJ.,- ~ <I -51=-~ · , STATUTOl'lv WORKERS COMPENSATION (i % ~ ~ I cI-u- 5 (EAC" ACC!='E"~, AND , S (DISEASE-PO. ICY llM T, EMPLOYERS LIABILITY S (OISEASE-EACH EMP.OvEE OTHER ... DESCRIPTION 0' OPERA 1\<?NS/LOCA TIONSlVEHICUSIRESTRlCTIONSlSPEClAL ITEMS All operations and locations of named insureds arising out of Kiwanis sponsored activities or events. PERSONS OR ORGANIZATIONS granting use of premises or facilities to Kiwanis or any local club are ADDITIONAL INSUREDS as regards their liabilit~.arising out of the use of their remises or facilities b Kh:anis. CERTlFICA TE HOLDER " CANCELLA TlON ~ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL EJ'o;OEA'Joq TO MAIL ~ DAYS WRITTE" NOTICE TO THE CERTIFICATE HOLDER NAM:::; TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBL'GATIO... OR L1ABILlTV OF ANY KIND UPON THE C '~'''''''''''V'5 ACORD 25.S (3/88) ~ACORD CORPORATION 1988 --.-- ------ --. ----- - - - - - - -- --- - - - - - - - - - - - - - - -- - - --- - - - - - - -- - - -- . . OS/23/91 15:54 f?407 243 3774 CITY /DELRA Y BCH. @012 LJElRIIY BEACH ir"r KlWANLS lZ11l N'IM.W., ~l ~lliaVI'II..I::hleu~ I'U\ Jul, .... I 1988 - VoUeyball Tounlt)lleOt Ros~. 1M NOO: _ ___C'l.FI'hlH'S NAME: LLl1i1 AmWSSI '. rox M.kJI;R OR S'1Rml' JJDIESS em, Slj4.'m, 4< ZlP <Itt VlS(~ (cln!ln (110): ~ - rmns open =D ~ Opell SIXES - A B C '!HIS 18 ^ RElE'&, W.uvm. AND INmtmY ~r utwlorswxl Ilvlt the .Iflcleasees lr'Cy not all& lie to pcrticl~to in the lE1t\y ~f &.NUSE XIWNaS 12'Il1 NJ.U\L lle'D1 5'flVAL (hCIICCrUfl.h reCerro:l to as the "Event") w1lass I enter 1nt;o this IIgreorCflt with tJlO'n. 1hercl:ore. in C!'.lCcl1a.nge r penn.LssiCll Lo JWticipa~e, I rral~ the CollOJina repres(ntllt1oos 'wlt1dl I und(!rstllrd tOO RelePllM are relytna 00. 1 cgroa to abido by tbe 1\lles and &sulaUOI'lS of the "l!Nfrlt" (In(! I understMd thlIt if I do not abide by theae Mes cJ Regu1at1a1a. I can \.le exdud~ fran the "EvlSltll. 1 hereby attest and verify that I MI ~YBieally fit tIIld suff1c:iffltly trained for tld:s "fNent1'. I funhar attest at r .-a or will be at least eighteen (18) YllBl's of 8se t;I1 the IlEvEnt" dBy (){ have hIld my pwent or legal guard1Bn a:l.gn 1s Ralooae, Ioklivcr. alld Lld<mlity !rarGO'!Olt. I underSluna Drld Ilgree thot t:h1s agrcellcot 1a ;UltaK1cxJ to prov.l.ue 119 MJ(;h prolo.:UOl to the Rel~ AI the ls4 FJor1d1l pcnltlt, and that if any part of this oBrOOlalt .ill heW to btl11lvolJeI, till: rmn1n1.ng prov1s:l.t;I1S of the ,n::clmt a11Q.!1 C;:Olll:inue j.n full force end legal eEEocl:. "Hi RELl?ASE, WAIVER, 1\ND ~rIY /1VVISll':l'S J'{n Bl!NIT"l'f a~ Rl11'JISllS .', of[11l1f1nB tJ1(! truth of eM forego1Jtg lItll~ts mid my und(!1"stLlllding of tI1<.m (ilK.! .111 onJer to receive pernt!.ss:1on [ran ~''''''I~-......."._~I.......-;.\o. Ie Releesaes to part.1ctpate in the "&rent". I further ClGroo Q3 follCo'S! Ql l1J)' own beiclf 8ild' OIl beha.lf of ~nyollC IJlo c.un n'Olu: a clD.JIII on bt!llO!C or bcc.tluse o! rre, as e result of Ill)' H IvolvEJI3\t or portic1psUon in the "Evl!!l'lt", I ~relly waive, rclQllSe, and dia::l~ all tllfl Rel~ end any(l'le \000 )rk,s for or hes MY rwtiooship with thUll ,.hotsoever fran ony l\11d all cl&tim9 tllld lawsJlts of \ohetever lc.!nd or nature dell I /lilY hove, have nl).', or ever vill have as a reaJlt or ~lllyUll.JlQ OI"'i$JJlll out of or in ccnll!I:l:1a1 with the "Ellent", IQI jf 1 auI[er the loss of nmey, property, hoolth, or 1:11e, 1rrCSJlCCt1vo of: Ioho is or lobo my be et fault. or WlO6le Igllgooce, jsdud1ng tile t1~l1gence of the Relt!OSeeS, rrey /lOve couaa:l (lilY (lIdl loss. injury or dMth. r- I nlso Qgree to indBmify. save, ar1d hold honntess tho ~lawoes, joflll1.y ond l11depcnksltly, Crr;ra ~r 10$S, .. l!lbUity, d81ege, or C05t which 81lY of thon or their ogents n1.laht incur beoJuso of nl)' J:flrtic:1pe.tim 111 or presence at Ie location of the tt!::v$r]t" , even if the loss, lI.sbillty, IklIOSD, or loss or tost 10CS c.ousa/ by the negUpv;:e of eIlY r the RBl~. I II.1..l;g Dsr~ that I have the sole resp(Xl.s:1bUity [or my o..n ~ra:nal ~ialS !lild tlthletic equip/elt during the Even!;" and 1t '8 re1.et~ ect1viclc:J. , ~ I hereby con1ieJlt to recei"e mi:ksl treeorent Iohich rrey b6 d~ oovisable, in the t!'Vent of injury, eccident, " . rvl/or U1ness during the "Event". " '. I hereby permit the free use of my lllJIe and pkture .in b~t.s, telcr.&st:l, end the press as they pen;a.tn to tM Event", fUU'ASl1FS - W". Thies & &wi, Inc.; L\ili"ey &ach 9J!ui.S6 K{loDnfs; Cl.ty of ~lrtlr llc!och; Qml.no Fat lbl1day 1m; and b;t"l!lIlt:ton & I..oisure O:nalltllnta, Inc. , 'll'lIM ~ AIL 1l!Hi /1MlIm S!GlA'ItRE5 ~1! (Print Herre) (If l.UxIer 18 II gUllrdJnn IlU9t sign) 1. - 2. - J. - 4. - 5. - 6. . - 7. ~ 6. - 9. . - 10. I ~ 11. '-' ~ l / ) PRINDLE GOLD CUP SAILING EVENT SCOPE: Two day catamaran sailing event with a cook out and prize give away Saturday and the trophy presentation on Sunday. This race will be number five of a ten race series organized by the Florida Prindle Class Association. BEACH REQUIREMENTS: 1) Storage of boats and trailers will be between the southern most life guard station and the south boat ramp. This area will be fenced off from the general public and "no swilllllling" signs will be posted at the waters edge. One designated tow vehicle will be used to take boats on and off the beach. 2) Registration will be held under a canopy located at the end of the boat ramp toward the top of the beach area. This tent will also be the control station for the event. 3) The food and refreshment stand will be located next to the registration canopy. Hot dogs and ham burgers will be prepared fresh on an enclosed gas grill. This area will have all necessary emergency equipments as required by the Fire Department. Refreshments will be ice water and Pepsi. SAFETY PRECAUTIONS: All safety measures to be run by the the control station. 1) Monitor the boat ramp area allowing only registered participants into the reserved area. 2) Maintain radio contact with race committee boats and the life guards. ~andatOry life preserver for each racing participant. 4) Maintain a Class A auto and boat first aid kit. 5) Adhere to all life guard warnings and precautions. SPONSORS TO DATE: 1) Deer Park Water 2) Delray Marine Co,st. Co. . 3) Sir Speedy printing - . . A1A - OCEAN BLVD SIDE WALK GRASS MEDIAN -)( - '" '" - X J<. )II, 7( I I I ~ I ~ ^ I )C RESERVED AREA I 120' X 100' ~ )l( REGISTRATIOR AND I CORTROL CANOPY I ')( X REPRESBMERT AND I I PooD CAHOPY ~-~-X-~-~-~-~-~-~ TEMPORARY PERCE / . -' r- BO SlfIMMIIIG SIGBS ~ e @ G @ (8 .,~ ,..,--_..~. " .. ~ ..-....-.. ----.:;- ". _.~ :.:..;.-..:;.:..::-.-..---- ~~ -.-- - - ~-"-_...,"....__.._--,-~ ' - ---- ATLANTIC OCEAN ...--.-.---..-..-.... . VOLLEYBALL T 0 U R r-..I A tvl E "J T PROPOSAL -ro T f-f E C:[ T V C) re- D E 1__ I~ () V I3EAC;f-1 THE DELRAY BEACH KIWAf'IIS AND THE LEU f< E tvl I A SOCIETY FRO tv1 FLORIDA VOLLEYBALL INC. May 22, .199.1 . "'i~~" "-"'ilJ II __ _"'''"'" ~"''''':{''''Fi'7"~ '. .'. . .- .~--. J , Dir-ector- & Pr-esident Er-nest Br-asch 1442 Cindy Dr-ive Lake Worth, FL. 33461 407-588-9982 Asst. Dir-ector- & Vice Pr-esident John Palhof 129 Easy str-eet West Palm Beach, FL. 33406 407-641-3908 I PlJ.'--PC>=:;E!' A) Pr-ovide a high quality volleyball tour-nament as par-t of the annual Delr-ay Beach Festival. S) At tr-ac t community involvement to Delr-ay Beae h. C) Raise money for- the associated char-ity. I I RE!'=:;pC>J1=:;:i.b:i.l:i.t:i.e-=:; A) FLORIDA VOLLEYBALL INC. 1 ) Pr-ovide inter-ested par-ties with a calendE?~ of tour-nament events and adver-tise thr-ough Flor-ida Volleyball's bi-monthly mailout. That mailing r-eaches 1,000 player-so 2) Seek r-emote and local businesses for- sponsor-ship. 3) Pr-ovide the Delr-ay Beach Festival or-ganize,s with computer- gener-ated labels for- any of their- mailouts. 4) Or-ganize and r-un the doubles beac h volleyball tournaments. 5) Provide 701. of the gr-oss player- entr-y fees to the charity. 6) Charge a $15.00 entry fee per- player. B) DELRAY BEACH FESTIVAL Or-ganizers 1) Provide sufficient insur-ance to cover- the volleyball even t . 2) Keep Florida Volleyball updated when changes occur. 3) Provide poles and manpower- to install four- additional courts (8 poles). 4) Provide enough mesh bar-r-ier- fence and supports to keep balls from interrupting adjacent cour-t play. 5) A I low sponsor-s to adver-tise and se 11 their pr-oduc ts at the even t . .....",. . I I I 13E?nE?f.it~ A) Charity 1 ) Charity will receive 701. of gross entry fees. C) Athletes 1) Participants travel from all over the United 5 ta t.es to play in events. 2) Consistent annual event site for players. 3) Opportunity to win prizes and cash rewards. 4) Opportunity to compete against the best in the sport. 5) Players get media exposure. D) Businesses 1 ) As sponsors in the events, businesses benefit by player, spectator and media exposure and sales of their produc t. 2) As non-sponsors in the events, local businesses get residual sales. E) FLORIDA VOLLEYBALL INC. 1 ) Florida Volleyball Inc. benefits with 31211. of gross entry fees and up to 251. of all sponsor fees to cover all other expenses. SPONSORS EVENT SPONSORS PEPSI WRMF VOLLEYBALL PRINDLE GOLD CUP SAILING DEER PARK WATER DELRAY MARINE CONST. CO. SIR SPEEDY PRINTING SENIOR/JUNIOR LIFEGUARD 1JDitAd St.aI2s Ltf&vJDg Assac:IatIan Southeast Region Mr. Rich Connel Captain Delary Beach Patrol Delray Beach, Florida 30 May 1991 Dear Rich, I have tried my best to fill your request for a list of sponsor for the lifeguard tournament. Please find them enclosed and please be aware that a couple may be deleted or added during the next ten days. Trying to find sponsors in such a short time represents a difficult task for our region, especially considering that I am a volunteer and that our organization does not have a professional fund raiser such as Alex. However, I am confident that with Delray's help and cooperation, we will be able to conduct a quality event. The last tournament that was conducted in your city will bear testimony to this. Please also keep in mind that this this tournament is not mine, the execlutive board's, or Delray's, it is the lifeguard's who are given the responsbility of protecting the public. with this in mind, I hope that you and I can work together to give the lifeguards a tournament which will acknowledge the invaluable contribution that they make in our state. Hopefully by making this more than just a tournament, by including health, safety and environmental exhibits, we can accomplish this. P.O. BOX 282, BOCA RATON, FLORIDA 33429-0282 Exhibitors American Red Cross Pine Jog Swimming Hall of Fame / US Olympic Association National Health and Safety Foundation Center for Environmental Education NOAA Florida Beach Patrol Chiefs Association Sponsors Frogskin, Inc. Dr. Gary Hall Sunglasses, Inc. Sting-Aid Omega William Theise and Sons Distributors Pepsi McDonnalds Sports Authority Armstrong Medical Photoflex, Inc. *Two Additional Sponsors to be announced . UNITED STATES LIFESAVING ASSOCIATION 1991 REGIONAL CHAMPIONSHIPS AND JUNIOR LIFEGUARD COMPETITION "ET T> AY ~.,,--, A~"'-~~ .i..J . .J......."..L"-. .DC LJ:-l JULY 27, 1991 -- * A five event Jr. Lifeguard Competition begins at 9:00 a.m. * Seniors Registration, equipment check, & warm-up begins at 10:00 a.m. *USLA Rules will be followed *Regional Event Commitee: Rich Connell, John Fletemeyer, Paul Druker, Jim McCarthy, John Osborne, Jerry Falconer, Pat Daymon *For more information call (407) 243-7352 1JDit8l St.atAIs LtfBvIDg AssocIattan Southeast Region Mr. Joe Weldon Director of Recreation City of Delray Beach Delray Beach, Florida 28 May 1991 Dear Joe, Please find enclosed a list of the requests that I am making in behalf of the proposed SE Region United States Lifesaving Association Championships and Junior Lifeguard Tournament to be conducted on July 27, 1991. Please note that the objective of this event will be to promote public education about water safety, environmental awareness, and the value of professional lifesaving. SinCrl~ J~ F1eteme~ P e ident / SE cc: enclosure P.O. BOX 282, BOCA RATON, FLORIDA 33429-0282 . J Requests from USLA, SE Region to City of Delray Beach: 1. Competition Site--center of the beach in the vicinity of Atlantic Blvd. 2. Stage 3. Lifeguard support to mobilize site. 4. Lifeguard support to conduct and supervise competition 5. Zodiac Boat to assist in mobilizing and judging. 6. Parking for contestants. 7. News releases to appropriate sources 8. Display areas for exhibiters and sponsors--these areas will involve booths and small 10' x 10' tents. 9. Spot to hang competition banner 10. lifeguard support to demobilize site. *In addition to the above we would like to request the use of the Wood observation building located at Atlantic Blvd. This building will be used for environmental displays. As an alternative, it might be possible to erect a large tent on the beach. . .. The following is a list of potential sponsors and vendors: 1. Center for Environmetnal Eduation 2. pine Jog 3. National Oceanic and Atmospheric Administration 4. International Swimming Hall of Fame (May Wayte--Gold Medalist). 5. American Red Cross 6. Frogskin Inc. 7. Pepsi Cola 8. Dr. Garry Hall Sunglasses 9. Sting Aid, Inc. 10. Omega, Inc. 11. Adolph Kiefer, Inc. * Other sponsors and exhibters will be added. There will be no direct sells of any items. However, some items may be sold for donations to various not for profit organizations involved in this event. The names of any additional sponsors will be provided to Delray Beach for approval. UDtIId Stalls LtfBviDg Assoc:IatiaD Southeast Region Mr. Joe Weldon Director of Parks and Recreation City Hall Delray Beach, Florida 21 May 1991 Dear Joe, Recently the SE Regional executive board met to discuss Mr. Connel's letter requesting to host the 1991 USLA Regional Life- guard Tournament. I am happy to report that executive board voted unanimously to accepted Rich's request. I am especially delighted that our event can be associated with Leukemia Society and the events that they will be hosting on June 27th. I am certain that we can work together to make this day a real "family" day at the beach and also to promote public education and safety--the USLA's most important mission. Based on some input from Rich over the past two days, I would like the make the following request or your department in USLA's behalf. * Use of an area of Delray beach near Atlantic Blvd. * Use of your stage. * permission to allow a maximum of nine vendors dealing with health, safety and education product to display their products in booths or displays. * permission to erect a maximum of eight 10' x 10' tents in the competition area. * permission to hang a banner advertising the competition approximately 7 days in advance of the competition. This banner would be displayed in the vicinity of Atlantic and AlA at a location that you designate. * Use of your competition buoys * Use of some members of your lifeguard staff to assist with mobilization of the competition site. P.O. BOX 282, BOCA RATON, FLORIDA 33429-0282 . * Use of Zodiac and qualified boat operator to assist with judging. * Permission to sell lifeguard competition T-Shirts. * Permission to present environmental awareness display * Parking for a maximum of 100 cars and 15 boat trailers. The SE Region of the USLA will provide the following. * Event Insurance. An insurance rider will be provided to the USLA by the American Leukemia Society. * Judges for competition. * Awards. * Tents for competitors * Radio personality event announcer * Two competition directors * Media contacts and PR announcements * Special Appreciation Awards to deserving Delray Officials Thank you for considering these provisions. I am looking forward to working with Rich and the rest of your professional staff to make this the best event ever. Jo letemeyer President / SE cc: SE Region Executive Board MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS I FROM: CITY MANAGER f.'Jt/1 . SUBJECT: AGENDA ITEM # d - MEETING OF JUNE 11~ 1991 RENEWAL OF CONTRACT FOR FINANCIAL ADVISORY SERVICES DATE: June 7, 1991 This item. is before you to approve the renewal of contract for financial advisory services with Public Financial Management. A provision of the original contract allows for two additional one year extension periods. This would be the first renewal. This firm provided financial advisory services for the first Decade of Excellence Bond Issue. The total fee for those services was $15,000; however, payment was divided into two installments. The first payment, $10,000, was due at the closing of the first issue; the second payment, $5,000 at the closing of the second issue. Therefore, the fee for this issue, if completed within the year extension period, would be $5,000. Services for any other bond issue sold during this period is set forth in the rate schedule enclosed as backup material for this item. Recommend renewal of the contract with Public Financial Management for an additional one year period, May 11, 1991 until May 10, 1992, for financial advisory services in conjunction with the second Decade of Excellence Bond Issue. !~r ~-' C'~ UJ/ ~dOY) <//tdt oo!I at ~ ~~ ck ,m*~ tj 5 Yh oj '!Lv- cEJdt at ViL ~ MEMORANDUM TO: David T. Harden City Manager FROM: Joseph M. saff~ Director of Ff SUBJECT: Public Financial Management -- Contract Renewal for Financial Advisory Services DATE: June 3, 1991 The City of Delray Beach has currently been under co'ntract with Public Financial Management (PFM) for financial advisory services. This firm has provided service on the 1991 Water/Sewer Bond Issue and the initial series of the 1990 Decade of Excellence Bond Issue. Their current contract expired on May 11, 1991. We would recommend that PFM's contract be extended for one year to allow them to provide financial advisory services on the second series of the Decade of Excellence Bond Issue at the agreed upon fee of $5,000 plus expenses. Any other bond issues sold during this period would be at PFM's present rate structure which is as follows: 1. $0.75 per $1,000.00 of Bonds 2. $12,500.00 (minimum) for a negotiated sale 3. $15.000.00 (minimum) for a competitive sale 4. $15,000.00 (minimum) for a refunding sale 5. PLUS out-of-pocket expenses This recommendation is made in order to provide the City with substantial savings in the sale of the second series of the Decade of Excellence Bond Issue. Please provide your comments on these recommendations or, if this meets with your approval, please sign the attached Agenda Request so that this item may be included on the Agenda for the Regular Meeting of June 11, 1991. JMS/sam cc: Rebecca S. O'Connor, Treasurer cc:~ ~ : C4.,., c1~ . .. ,- l:'r~MfC~At. ~nSORY AGJh:..:RIIf.l'n' ..,.."i!; A9r~er.1f!nt, mad~ ar-d en4:ered into this /I ':fh day of '-/)'1/\ . , , 199!l, by and between the City of Del ray Be3ch {hcrc~ter called the "City") and Public Financial Management, Inc. , a wholly owned sulJsidiary of Marine Midland Bank, I DC. , M.A" (herei.naftcr called the Pinancial Advisor or "PFM") sets fOIth the terms and condit.ions .undor whioh the Financial Advisor shall provide services to the City. WIT N E SSE T H WHEREAS, the City is desirous of obtaining the services of a f~Dancial advisor to develop for the ~ity and assist in implementing strategies to lDeet its current and long term c.apita1 financing needs and render assi.stance in the preparation and marketing of bond issues by the City; and WHEREAS , the Financial Advisor represents that it is capah1.e of prOviding the necessary financial consulting services. NOW, 'l'BEREFORE, in consideration of the above mentioned pre- mises and of the mutual covenants contained herein, the parties hereto agree as follows: 1. SCOPE OF SERVICES PFM shall provide .11 services customarily provided to govern- mental entities by financial advisors, such services being generally divided into two groups, services related to fiDa.DCial planning, and services related to debt .iasuance. The services provided shall include, but not necessarily be lilll1ted. to the following: A. Services Related to Financial Pl~nn;nq Upon request: of the City, PFM shal"l provide financial services wbich ..y include the following: 1. Assist the City in the design, iJIIplementatiOl1, and monitoring of the fiDanciDg el.-nt of a capital Improvenwmts plan in coan.ection with the City of Dclray Beach Caaprehensive Plan which was prepared in accordance with the Plorida Local Government Compre- hensive Planning and LaDd. Developaent Act. These. services . include an overall evaluation of all financing sources presently available to the City, including internally generated funds, debt financing, leasing, federal or state grants, priv~te sources, and various combinations- of all those sources. PFM shall prepare a cash flow analysis for each of the , . ~ various major capital improvements included in the City plan. 2. Prepare a Compr~hensive Financial Plan including a debt capaci ty analysis (both short term and long range), a debt ratio study, alternate and innovative financing options, the identification of potential revenue sources, methods of financings provided by Florida law. This analysis shall include an evalua- tion of the impact of the operating costs of capital improvements upon the financial capacity of the City. PFM shall also review all outstanding indebtedness 3nd prov;.d~ reconnendations reqardingsame. 3. Provide an analysis of 311 available financing options. This analysis is not to be limited. to d consi.derati on of which type of debt might be issued tc finance a particular project, but shall a~so consider whether there is an .alternative to issuance of ~ebt. 'The analysis shall also consider al terna- tives to the more traditional forms of financing available to governmental entities, such as pay-as- you-go, saleJ leaseback, pooled debt participation, and taxable instruments. 4. t'rovide to the City financidl services on d.ny requested fiscal issue. B. Services Related to Debt Issuance 1. Preparation of Debt Financing Stxucture. Th~se services include, but are not limited to the following: A. Developeaent of a plan of financing for relat.ed. Bond Transaction includinq evaluation of revenues available for Bonding purposes, a Iecoaaendecl maturity schedule, cash flow requirements associated with the capital imprnvr.ment. B. Revlfi!'W the reports of accountants, independent engineers and othet project or feasibility cODsul tallts as requested to ensure that such studies adequately address technical, ecoDomic and financial risk factors affecting the market- ability of any prt:)posed. revenue debt issue; provide bond market asaUIIIPtioDs necessary for fin.anc-ialprojections included in t.hese studies; and provide written c~nts regarding assump- tions, analytical methods, and conclusions contained therein. C. Work wi tb the City' s selected Bond Counsel in iclentifylng key bond covenant features c1Dd ~ 2) - advise on provisions to be included lD. bond resolutions regarding security, creation of ~eservefunds, floW of funds, rE'delllptiol1 pro- visions, additional parity debt test:, etc.; rev.iev and camaent on. success! ve drafts of bond resolutions prepared by Bond COUDsel. D. Identify financing alternatives available to the City, including type of debt (fixed or variable rate), timing of the issue to take advantage of favorable market conditioDS, and provide recom- mendations regarding int.erim financing tech- niques such as bond ()r revenue anticipat ion notes. i-~. Evaluate the ~nefit.s of obtclining Bond Insur- ance and/or security insurance for Debt Reserve Fund. II ctppropriate, develop an aggressive, effective and well-researched credit rating proqram, develop credit rating presentation material and coordinate, if necessary, with City Officials the overall rating agency pn~sentat'ion. F. J:.'valllate the benefits of both competitive and negotiated sales for each financing. G. A.,c;sist: i.n tbe solicitation, review and evalua- tion of any investment banking proposals, if negotiated, and provide advice and information necessary to aid in such selection. H. Review the te.DIIS, conditions and structure of any proposed debt offering undertaken by the City and provide sugqestions, modifications and enhancements where appropriate and necessary to reflect the constraints of current tinancial polley and fiscal capability. I. Prepare the Notice of Sale and requests for bid for a competitivH sale. Review the responses to the t:'equest for bids in order to verify that the bids caaply with the stated. parameters anA to determine which bid offers tbe lowest cost of capital to the City. J. Assist in the preparation of the prelim;nary and final official statement and coordinate with the City the appropriate data, disclosure informa- tion and pertinent factors regardinqthe City and the proposed financinq progra.-. K. Provide for the solicitation of printinq t.he official statement and the bid forms" ( 3 ) . L. ~si.st in all other aspects of the p1anninq. structuring, timing, execution and closing of the City's bond issues to ensure that the most favorable financial terms are achieved. M. Make recClDlllendations as to the selection of a registrar and paying agent. N. Attend, by request ~ closings, City Ca.Ussion and Board meetings and other related Board and s~aff meetings pertaining to current and future borrowings. This should include the development of financial plans for the City Ccmai.ssion and Boards per staff request. o. Other services required to implement the financing plan. II. WORlt SCHEDULE The services of the Financial Advisor are to commence as soon as practicable after the execution of this Agreement and a request by the City for such service, and shall be undertaken for each bond issue or other project and completed as to assure their completion in a manner and t..iJDe which are in accordance with the purpose of this Agreement. .' Services vhich are not related. to a particular bond issue shall be caapleted as agreed. by the City and the Pi ~JIIncial Advisor. III. FINANCIAL ADVISORY CCllPEllSATICIf For the services described, PFM's professional fees and expenses shall be paid as follows: A. For.services relating to financial planning PFM vill receive an hourly rate for assigned tasks, per the attached. fee schedule. I B. For services related. to the $21,492,000 Decade of Excellence i Bond .I'ssue(s) PFII will charge the City a single fee even though at the City'. option there may be two separate issues. The fees for the Decade of Excellence Bond. Issue(s) shall be determined. by the type of sale being either a negotiated .sale or .. cc.petiti.. sale. 'l'he total fee for a competitive sale shall be $15,.000 whicb shall be payable in two installments if the City h.s two separate issues ; $10,000 being pai.d at. .the Closing of the first issue and S5,000 being paid at the closing of the second issue. Tbe.total fee for a negotiated sale shall .be $12,500 'tIblch shall be payable in two installments if the ctty has two separate issues; $8,250 being paid at the closing of the first issue and $4,250 being paid at the closing of the second issue. c. For services related to Debt Issuance other than those refer- enced. in Paragraph B above, PFM will charge the City a fee of ( 4 ) . $Q.75 pet:' $1,000 of bonds subject to the follawinq ..1fti.... trauact10n fees: Negotiated Sale $12,500 C~titlve sale S15,000 RefUDdingB $15,000 D. other Fees In add! tiOD to the above, PFM will be compensated for reason-' able, documented out-of-pocket: expenses incurred for tra"/e1, meals, lodging, telephone,' mail, and other ordinary cost. PFM will be reimbursed for any, extraordinary cost for graphics, printing and data processing which are incurred by PFM with prio%' approval of the City. IV., "l\~ AND TERMINATION This agreement shall be in effect for a one ( 1) year period unless Ccd1celled in wr 1 t.ing by ei tber the City upon thirty (30) days written notice to PFM. The City shall have the right at its sole option and determination to renew this agreement for two additional. one year periods upon the same terms and conditions in this ~gree- ment. To effectuate the renewal, the City shall provide PPM with written notice at least thirty (30) days prior to the termination date of the contract. lbe parties may, by written ~ndJae.nt , further extend the term upon IDUtual agre ement. Hawever, in the event the Fi.J1ancial Advisor receiveci writteJl notice fraa the City that they are being terminated without cause, the Pinancial Advisor shall be reiJDbursed for its aut-of-pocket expenses incuned and shall be entitled to a reasoDable fee for work performed as mutually determined by the City and the Financial Advisor.' During the contract period, the City reserves the right to restate UJd./or reDegOtiate with the awarded company such additions, deletions, or chaD.gea to the contrac:t as ..y, be nec:ess! tated by law or changed circumstances. In the event that the City and PPM cannot COllIe to. a mutual agreellleDt mad. negotiation on any such addition, deletion, or c:ha11ge, that' portioo of the contract concerning the services involved in the acJ41tio!1, deletion or change shall be terminated. D\uinq the c:ontrac:t.pa.r1.od, . the City Maaageror his designee shall asae_ the ~y'. perfart'llilJlCe of the contract:. In the event of a breach of the CODa-act by the c~ or unsatisfactory performaDCe aa ..lieasec1 by the City Manager or if PPlI perfoDIIB in a manner that precludes the City frCB amrinisteriD9" its fUDCtioiul. in an effective ADd 'efficient .aDDer ADd i.f . after thirty (30) days fOllowing written notice theJ:eof PPM baa been unable to remedy such breach or provide satisfactory performaDCe, then the City shall UpOD written notice to PPII be autbarized to cancel the contract, there- after reserving the right to proceed againstPFM for any and. all damages permitteci by law arisiDg fraa said breach. PPM shall not be held responsible for any failure determift~ to the satisfaction of ( 5) \ ., . the Ci t.y Manager to be due to any action or inaction on tbe part of the City. v. ASSIGNABILITY The Financial Advisor shall not assign any interest in this Agreement or subcontract any of the work performed under the Agree- JDent and shall not transfer any interest in the same wi thout the prior written consent of the City. VII. TITLE TRANSFER The products of this Agreement shall be the sole and exclusive property of the City upon caapleti.on or other t.erraination of this Agreement. The Financial Advisor shall deliver to the City copies of dny and dll materials pertaining. .to this Agreement. VIII. FINANCIAL ADVISOR'S REPRESENTATIVES A. Assignment of MUIed Individuals The following named individuals from PPM shall provide the services set forth in this Agreement. Client Manager Lavan Wisher Special Projects Thomas Holley Project Team Charles S. Rosenthal Thomas F. Hue$tis Stacey Williams David L. Jasper John Civantos Staff ~~rs with specific expertise will be assigned to the Project Team should the need arise. B. Changes in Staff The Ci.ty has tbe right to approve. <tisapprQV~ or change any of the st_aff assigned by PftI to the account. . The City shall be provided with a resUllle of any proposed substitute and shall be given the opportun1 ty to interview that person prior to its decision to approve or disapprove. Should the City <tisapprove a suggested chaDge.. then PPII shall not make the change or PP'M may suggest another proposed substitute. C. Changes Required by the City The C.J.ty has the right to request, for any reason, PFM to replace any member of the Staff. Should the City make such a request, PPM shall prallptly suggest a substitute and the procedures specified. in sub-paragraph B, above, .' shall be followed urltil a satisfactory substitute is selected. (6) I .. IX. 80LD JIAPII1'.R..q) AND I.NDEMlaFICATIaI PFM agrees, insot a.r as it legally may, to indemnify and hold harmless the City of Delt"ay Beach, its officers, eilployees and agents fr~ and against all loss, costs, e~nAes, including attorney's fees, cla.ims, suits and judglM!nts, whatsoever in counec-' tiOD witb injury to or death of any person or persons or loss of or damage to property resulting trc:a any and all operaticms performed b7 PFM, its officers, employees, and agents under any of the terms of this Agreement. x. INSURANCE COVERAGES REQUIRED A. At any time during the period that the PFM has personnel doing work and furnishing necessary labor to complete a contract f.o~ the City, the City must be fully protected. by PPM having the following :. a. Worker' s Compensation Insurance, and PFM shall require any and all .subcontractors similarly to provide Worker's Compensation Insurance for all of the lcltter' s employees who are engaged in such work unless such employees are covered by the protection afforded by PPM's Insurance. b. Liability Insurance applicable to the job in quest iou in an amount not less than $300,000 for all personal injuries, death or property damage, per occurrence arising during the policy pe~iod. The City to be named as an addi tional insured. c. Professional Liability Insurance in an . amount not less than $300,000. d. The successful PPM shall submit t.heir Certificate of Insurance for approval by the City. B. Insurance Cancellation Should cU1y of the required insurance policies be cancelled before the expiration date or nonrenewed, the issuing company will provide 30' days wr:ltt.en notice to the certificate holder (City of Delray Beacb) " C. Copies Required PFM shall provide the Ci~ with copies of all Insurance Certi..; {icates, which shall reflect the City of Del.r.ay Beach as a certificate holder. All policies shall be endorsed to provide the City with thirty (30) days prior written notice of cancel- lation and/or restriction. XI. ACTIVITY REPORT The Financial Advisor shall furnish a detailed monthly SUIIBBry of work product. This will provide a,convenient means of monitoring (7) ~ . ,. the. f 1JwDc1al" advisory. relationship . ~ specific progxe.. OD financing'projects. 1M 'uu,ass ,,~, the parties have hereunto set their J'tJII~. and seals OIl the day' aDd year first above written to aD original. and three ( 3) couuterparts of this Agreaaeat each of which shall constitute an original. Witnesses Public Financial MaDagement, Inc. ~ " By: -I~:?tu~.Jr.A. ..' " /. fWtlL- Managing Director Cit.y of Delr,y Z .' By:. ~)'~- - "-:1;',~ c-~- ATTES'l':'Mayor f). . '/.' , u,.. , / ,'-f! /'If .....( 'V) jjn. ,'t-- ,~ z. ., .r." . . ')" L , .I city Clerk / - Approved dS to fom: ./"' I j' 'L <-- / .' , ". . ,--1/ I, , ~,( ~'!,- ;. .... ,( t.~ I " \.~j. . Attorney' ( '. I -" (8) I .- ........_--~-- . . . -. , --"'><. ~ ; - . , HOURL Y FEE SCHEDUL~ Manalinl Director SI7S Senior Mana,jn, Consultant S160. Mana,jnl Consultant SUO Consultant SJ30 Analyst SilO , , i , ~ ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGE~~ SUBJECT: AGENDA ITEM # E: - MEETING OF JUNE 11 , 1991 AUTHORIZATION TO PLACE SUBDIVISION SIGN IN CITY RIGHT-OF-WAY DATE: June 7, 1991 We received a request from the Tropic Palms Homeowners Association to place a free-standing subdivision sign in the City right-of-way on the west side of Lindell Boulevard at the intersection of Curlew Road. The sign is 7'6" in height, and has a sign face of 3'6" x 4' 6". This sign is located 10 feet from the paved roadway. Section 4.6.7 (D)(3)(h) of the Land Development Regulations provides that residential subdivision entrance gate signs shall have a sign face no greater than 36 square feet; may be erected within rights-of-way or median strips adjacent to the subdivision, subject to City approval; and, if erected in the right-of-way shall be at least ten feet from a paved roadway. Staff has reviewed this request and' found that the sign and proposed location is in compliance with the LDRs. Additionally, this subdivision has a similarly approved sign in the median at Lindell Boulevard at the intersection of Dixie Highway. Recommend approval of the request from the Tropic Palms Homeowners Association to place a free-standing subdivision sign in the City right-of-way on the west side of Lindell Boulevard at the intersection of Curlew Road. . . MEMORANDUM TO: DAVID HARDEN - CITY MANAGER FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT~ SUBJECT: TROPIC PALMS HOMEOWNERS ASSOCIATION SIGN PLACED IN RIGHT-OF-WAY DATE: JUNE 5, 1991 ITEM BEFORE THE COMMISSION: - - Request Commission consider the proposed location for a free-standing subdivision sign, which requires City Commission approval if located within the City right-of-way, per Section 4.6.7 (D) (3) (h) (viii). BACKGROUND: The Tropic Palms Homeowners Association is requesting a suhdivision sign be located in the City right-of-way on the west side of Lindell Boulevard at the intersection of Curlew. The sign is 7'6" high with a sign face of 3'6" x 4'6". The sign is located 10 feet from the paved roadway. The subdivision has a similarly approved sign in the median at Lindell Boulevard at the intersection of Dixie Highway. RECOMMENDATION: Staff is recommending Commission approval of the applicant's request to allow their free-standing subdivision sign to be located within the City's right-of-way. LB:DQ Attachments d/10 Signs.611 ~ -====: /./ ~" ~ ! ~z: y I : ~~{~ -~, - ~~i~ /,(. - -1\ " ,;t" o \~_ : , . I . , t " I - \ 0' IIC I l ( I j : ^) \ Ii , ~ \}l " 1J\\' E ~~ ;, - tIj . .' ',' ~ J. , ij W .... '. .. ~. I" , U\ ~, .~~ (, . - :tl ~ I :l~~ ~ .p~ ,1\~ 1 r ~ itl .1' \- . - ~j 'I 0 ' , '1 J- " - ~. - . . . ~,~ ~~~ . lI\ . . ~ 'I~~~ > ~ !<~~ '; I ~ ~ '~ 1l() ~ t . b ' 0 [ 6 l !- 7J ::J 'r -+~ - l ?J) . fj \il\' j>)> \ 1------ III Il\ t:S_r ~ : .1 i -,1-- --=--- ... -- ~.- -11- r r . ' BR\GHT \MAGE S\GNS - 375 NE ~1 ST, DELn^Y BCH. FL. 334nJ PI\(lI\l~: LI07'278'781'1IilC;II\1lh~:L~07'278'Q2S9 .. , ,,},I... ,!/~<--r' ~'ho ~ ~}~ O......(.l-.lN'i)CU...BLV'i1 ^ .."~._ _ .,,' " .' ,__ . _ " 'j' ('/ :),,1 '/ \iV 1_ .:> f .,,/ , IJ (;;3 r- "'" ... '.J J...'. ;...." ,,: { (Y.'ffl (1, f /' 'I"~ .P'I' ' . .. ;' f~'er"\ i'.~f.'-iJTE'" i'Jr', t"f .!..;N7)Ft <' ,),L,i, ') I: '._ I _.'.5~'1'Y.:.,_. Ph,:,': F' I /fl', (/A--<,' fl: ';/" ,;,' ,,~~{;r.::::-~:: ':':~:i':~~"::~~:~;i-:h ,:~-~-~--,-':.:" . - ~~;;~:---1 I ,;,... .l.'(..l"....~.l.: ,~~~~f;d''''O.~ ~",.,,~'\.' <""'1.<-~..."..I~.....,:".t. .;:.:-~"t."'_~~~~1':~~~~.~M..-.-~~tt~_,~":.~......,,~.P. . ;;. \ '.. .!: 'J' .; \. ~ 1/ "l' \ . . -,;;;to ." \ :. V ' 1- ~~ i : . '. ~ It.. . ~ i . i '> ..!, \.,.~ . ~'. , \, , " .. . "'" t\' ;....ti.. ~ -: '.~~' : . ... , ." '; ," 1! ' . " " ~ ' '. 1;..6 ...":' ,.' ~ ' .. 101\ ~ ',P il'. t'-> " ': \ . ....!1 :1";/ ",. ,(;'$1, f.~( .' . . '~:i 1:!l)_~2 .-. ".~. '.:~ I 1,~"':....,:.\._....1 .^.~';.J..::---,,~Lf ~..-~>l-'.......~l.";,.~,......._.ff~'-~ 1i::t ..~'~' t.,...,~'~'[:,;::;. , . . "1 ~~~ ti'" ','. ~fo":.,,\,tll. .~..' 'l . 'I., ~')\.. ta.< /;~ l't~i .J.,. .... ~ . ~"" :. ~'=-1 . ~!.~ '~ \(),~ It) ~ 'CH' 1\, ~.... t.\ h ~;~'to, ., ~t'"" ~ ~',,*, ~\a .~~: ~ '. ,\1 I' .' ~ '.. ~ .... ~. ....~ . . .., l:T l't t,'" t. -:', <:1 m. t;~. f/,' ,.. , 1'<.0 ;~,,"l' t"'J 'r. i'I) tl) t,~ t, t t~~ te} '" l' r. .., e<,,).. ~ ""wI ..' \ II ....",. . ! ' Ill', ,,' .f-1. .. /. ~ ft I .f.'~ tit .:' \-. .,,1/# ,1.1''' '.' , c-if". ,,,,,..J.J- --- ~...- ~~_t......._...- ...~ .:x:;.i,. - . . . I (' ..' it- ~, .. ., 'C. . _L' .. " .' ' ~ -t}IJrlJ137l i'>a . . . .' . 7730#11. ,'. . ; . , ~ . "I ", ............---.-- 1..-----.......--.~-~;:...__.._~-.J'~".,..'T. ~~t t; -,... , ~. , ':. ' : "':- ~ 't~ IJ . o. ~ ' ~ ,t>~ Hl , .. ~ ~.., q- #". . ' .' " " . . .~ ~ "0 . .' - ~ \ , : tl .. :'. ~ . ~ ~,_. t l- II 1 w ...............-....." f[ '. " " ' " , ~_ . '!. 'o,t ~;.) '" r-: <. . . (," ". - " '" ,., . n. ..., " , . ~ ~9' .."" '~fll, ,.' . ,:' I ~-.~t.6" ,~,I' N,. ~' f a~l,l) ~.~~>-('<;~~ . t.\i "'''Sf' , .', (: , , "0 I " -: >) ~ :;. ~ ... ~o:~~ ~ · ~l'1 ' '"'~ . ",,, ~ .J ~ ) ~.t.. ~., ,..~ h: (,-- "l't~.' C.) ~ I ' "';0. ~ :~ '\. ..., ~ ~ I C. .~;.~_.~'''~> t>.~ ..{A~J:1"'''''''''''~' t'\ ~ ~ r ~ ~~ Ii- ~ '" , ""- ".,.. ~ l.;"~ " ~ ~ \ ~ it ~~ It~ ""... '~'..~ S- - ~ 'I-- I .., i''''~ ~ . )'... ..r~ I... '~':0...,..,... I' t~"'~"" f'~...J"" "~ t- . \ .: ~ .... .... ~."" .... -,""-.,: 6(' , U ., ~ ~ ~. . ..... .... 4'",)"" "'.... ~ <S.C ~ ~,,~~ ..... '..: ,-..;: 0..: ,,~1 I.A,- \ ,,-,> 0".(.... , "-.3:~,..& t- t5';S ~,' \\ ... ' ", "~""$o <'{;';J' ~ " '.\0 l.- .... ~'~' , y ~ i. ""' I}.y'j' '.... ...,' . ,~ ~ '4'/~"" ~ ~ 00 I....... ..;,." ....." ""-- tt / )"'~t . 0 ,",Olaf ~' ~ .../~I Q ... ~ ." . ~'."-- ~ 0 , ~~. ......~61 .0" 0 --,-',. ~ .~ , ' ' l:1'\~ ,.:., ~ ' . " ... .' . C~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER <6F SUBJECT: AGENDA ITEM # - MEETING OF JUNE 11 , 1991 AUTHORIZATION TO PLACE SUBDIVISION SIGN IN CITY RIGHT-OF-WAY DATE: June 7, 1991 We received a request from Sabal Pine East to place a free-standing subdivision sign in the City right-of-way on Southwest 22nd Avenue. The sign is six feet in height and has a 4'x 6' sign face. Section 4.6.7 (D)(3)(h) of the Land Development Regulations provides that residential subdivision entrance gate signs shall have a sign face no greater than 36 square feet; may be erected within rights-of-way or median strips adjacent to the subdivision, subject to City approvalj and, if erected in the right-of-way shall be at least ten feet from a paved roadway. Staff has reviewed this request and found that the sign and proposed location is generally in compliance with the LDRs. However, placement of the sign ten feet from the subdivision entrance would put the sign behind a hedge, The proposed location will be ten feet from the roadway. Recommend approval of the request from Sabal Pine East to place a free-standing subdivision sign in the City right-of-way on Southwest 22nd Avenue. - . Agenda I tem No.: AGENDA llEQUEST Date: 6/5/91 Request to be placed on:' x Regular Agenda Special Agenda Workshop Agenda When: 6/11/91 Description of agenda item (who, what, where, how much): Consideration of Sign to be Located Within the City Right-of-Way at 2905 SW 22nd Avenue Sable Pine East subdivision ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommenda t ion: approval Department Head Signature: ~6~ ~ / Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all ite.s involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: ~/ NO t~~ Hold Until: '-r Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: DAVID HARDEN - CITY MANAGER FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT ~ SUBJECT: SABAL PINE EAST SIGN PLACED IN RIGHT-OF-WAY --- - DATE: JUNE 5, 1991 ITEM BEFORE THE COMMISSION: - - Request Commission consider the proposed location for a free-standing subdivision identification sign, which requires City Commission approval if located within the City right-of-way, per Section 4.6.7(D) (3) (h) (viii). BACKGROUND: Sable Pines, 2905 SW 22nd Avenue, requested a subdivision sign to be placed 10 feet from the property line, which would have placed it behind an existing hedge. Instead, the installed sign was placed in front of the hedge on the Ci ty r igh t-of -way. The sign is 4 f X 6', 6 feet high and is considered within code standards. RECOMMENDATION: Staff is recommending Commission approval of the applicant's request to allow their free-standing subdivision sign to be located within the City's right-of-way. LB:DQ Attachments d/10 Signs.611 , ~. "\' " ...... w ;. ;:".. ~ .~ ~ : ill .' -. ,:.' ,;.,~~. . I o . . , : ,. . .. - ._,-~.;- ~_I' ~ ._- .. . ' , ,.I- -.4 .---- ,. . -..-------- -~t. u__u_ t l'~ 00 I \,. " . " .- ',v I - .' :.; I -"'.- -.--- ..... .. - -. " ' . ".:._ _ .._ .' ..~ _h -- .. - -, - , . . .' , i , l' j , , , ./ . I ~.. -.. ~ . I ' , ~ . ~ ! . ,0 " , . [a; ~ ~ .... Q . " - I .~ ~.. 1 ! , , . ! ; . , I . ' i , I jll II I ., 4 lit. ! . i " . I o~. I ..... '.':'" - . ! .- ,... I ,- \ / ~ ---...--- . - ~-:.; _ __ . 1 : I . flufl ~~ ~~ =: =: ~ ,..fI~ r ,~~ _, I C - -\ I (J'Y..Ly>Q 7 ..tON '. I ~I I ~ - -- 21 .>..J.foI~J-/.JI"'()~dW/ -;JJo../.S/ lie ' I l~ . r- I ~l I' llul ~ ~, I t ~ I ~ l'~ '0 Y31/1/ ..) 10 J I~I 1Y(?/..J..1T3d'.73;Y ~ I I / \1 ~ l~ ~ I I .",: ".J' ~ I I I~I o ~ 'i I I Il\(i I ~l -..J ~! I I !~l ~ I l;:l ~ ~ I I~ ~ I ~ ' I I ~ ~ ~~ ....> ~ I 1-3. ! I :" I \ I I I I 1 I I I t 1- I .:Zapoo' 00'" c::> o .,j:, \0 Y - , , ~- - v . I r. L/ .~?/ 1>E' ZLZ 'i~~1 \ ~ . ~ - - - ~ ~ 'jJ ,1 ~ , ;;;: ). , b r?y '....J"'- ~ ~ / / -' 'r \: -...J. ('\1 , ~ " f)./ --- . .- J.. V Y (20/ -9" , ---r 'v J YSJI"/'TJ Sf: JY<:r) /"-V u .H.J "'OS' ." / .7/>//,:7 7Yt?t"r Z / .() ~__~/ -r-- ;: -... " ~ '-l ~ LJ .. , - 1 C:j::' \ c, c ~"':: 'N'-^'-...z "" U ~lUr,-- .:::::. '>, '- - "U " \' ' ;::. t G ,!\j ~ r:..-:",' '- ' ),./~:.-<\ .\- ,~\ ',. .>....\Y-. ~ , '-J -- . {llf1f2U~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER ~G SUBJECT: AGENDA ITEM # - MEETING OF JUNE 11 , 1991 APPROVAL OF AGREED ORDER/TRAVERS DATE: June 7, 1991 ' We have received a copy of an agreed order granting Lester and Muriel Travers $1,600 for attorneys fees and $950 for appraisal services, This item was discussed at a previous workshop meeting, Recommend approval of an agreed order and payment in the total amount of $2,550 to Lester and Muriel Travers. - . 407 278 4755 Jun 05.91 23:23 P.02 CITY ATTORNEY'S OFFICE TEL No, , , : ...- "" ---: . )-) '-./ r-- .& , IN Tal CIRCUI' COURT OF THB rIPTSBNTH JUDICIA~ CIRCUIT, ! IN AND rOR PALM BB~CH COUNTY, FLORIDA t. CAS! MO. CL 9C-14206-AD i:~ .. ;'lTY or DELRAY BIACH, PLORIDA, $J .... " ~ PlaIntiff, I':~ ' I ' . PAReIL NO. . . ' t ( .~ !NNE'l'H GARY, et al,. J -l'\; Defendants. . I J J, - t'- .. .. AGUID ORDER GlUttING DUStmAN.", , (.. ~ LSST8R TRAUM aDd MURIaL 'IRAVBIS, ~.OTIOR 1'0 AS8188 AftONlIY'S rB~ AND COS'!'f THIS CAUSE came on upon Defendanta', Lts1ER TMVERS and I MURIEL TRAVERS, Motion to A.I," Atto rneya Fe.1 and COltl in conneetion with the abovt-Qaptlone4 matter. The Court, having bo~n advised that coun$tl tor the parties art in a~r..mGnt a. to the Order, and being oth~rwls. fully advl.e4 in the pre~i~e., ORDERS and ADJUOOES tllat I 1. The .urn of $1,600.00 i. a reasonable attorney. f'ee to I I b1 pit"" 'to the law firm of Paul A. Turk, Jr., '.A. torl:~[vlc.. ~ t<:,ndered on behalf ot Defend~ntl, LESTIR 'l'RAVIM .nd MURIEL 1. 'rRAVERS, in connect1onwlth the above-captioned matter. .. ..... ~. The Bum of $950.00 Is a re..onable exptrt w!tn... tee t~ be paid to ,s.r~ Bol4.n, Inc. for apprai.al aervlce, rendeted . on behalf of Defendantl, LESTSR TRAveas and MURISL f~VERS, 1n \ connection ~l~h tht above-captioned ~.tt'r. : 3. Plaintiff, CITY or DBLRAY BBACH, shall deposit the SUMS ':;f:t forth in par.graph. 1 an4 2 above into the Regiltry of tht , Court within twenty (20) day. fro. the date of thil Or4ec. Upon '~ deposit of the aurn. set to[th 1n ,par.~r:aph. 1 and 2 .bov. into I the Registry of the Court, th."clerk of the C1reult Court sh.ll ~ , :~~~C~~;,;t r ~ i O'r.:fC~U:i1r lr-..... ---... L... .'. -....--- " 407 278 4755 Jun 05,91 23:24 P,03 ., CITY ATTORNEY'S OFFICE TEL No, - - .. . " " .. . )oJ ~. f, . 1 i I rorthw1th issue a check plyable to Paul A. Turk, Jr., P.^. in the ~ (amount set tOtth in paragraphs 1 and 2 above. Ifhe ch~ck Ih,11 i be delivere4 to Paul A. Tu rk , Jr., Esq., One CIearlake C.ntre, 1 ~~o Australian Avenue South, Suite 1200, P.O. Box 113., w~&t Palm .' , l\eech, FL 3340~. Upon receipt of tho~~ fun~., .aul A. T~(k, Jr., P.A. shall ~1.bur8e the tund. 1n accordance with this Order. DON! and ORDERED in Chamberl, at West Palm Boaoh, Palm Beach I County, '10r1da, this . . day of " 1 991 . - ,~ I ~I~IT ~(SURTJUOG!. ,-- . j Copies turn1lh.d toa I ~ , f.ul A. Turk, Jr., Esq., 250 Australian Avenue So.. Suite 1200, . w..t ,.1. beacb, FL 33401 . kll11.. P. Doney, ESI.' Barristers 8149., 1615 Porum ,lact, i Suite 200, West pa m seach, FL 33401 , I . , I ; ......-. ; . i , ..... I ! , ' , . . . , I i : I , i I f ! \ ; , ~~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER(lft'l SUBJECT: AGENDA ITEM # 1>\4 - MEETING OF JUNE 11 , 1991 APPROVAL OF EASEMENT AGREEMENT DATE: June 7 , 1991 This item is before you to approve an easement agreement which provides that Miguel ,Hernandez will dedicate to the City a 10 foot wide utility easement on his property located at the northwest corner of Swinton Avenue and S,W. 10th Street, This easement is necessary for the purpose of installing and maintaining a 24 inch water main, In return for Mr. Hernandez providing the easement, the City will supply water and sanitary sewer services to the property line, including all construction and hookup fees, if applicable. The provision to provide water and sewer service will remain valid for three years after the date of this agreement. Recommend approval of an agreement between the City and Mr. Hernandez granting the City a 10 foot easement for the installation and maintenance of a 24 inch water main, '.' '.), .,.. :/(I{'*....L.... <~;\i1r~~"~':~/./' . ~ AGREEMENT ,THIS AGREEMENT is entered into this _ day ,of May, 1991 by and between MIGUEL HERNANDEZ, and the CITY OF DELRAY BEACH, a Florida Municipal Corporation in Palm Beach County, state of Florida (hereinafter referred to as "City"): WHEREAS, City is desirous of securing an easement across Miguel Hernandez's property for the purpose of installing and maintaining a 24-inch water main; and NOW, THEREFORE, based on the premises set forth below, the parties do hereby agree as follows: 1. Easement Deed. Subject to the terms and conditions contained in the Agreement, Miguel Hernandez will convey upon the execution of this Agreement to City, an Easement Deed for a ~~ : ten (10) foot wide utility easement generally running parallel to the south and east property line (as described in Easement 1fJ^ Deed dated the .12.:...- day of fl1/J Lr , 1991) for the purpose of installing and maintaining a twenty-four (24) inch water main. .- 2. Installation. City will install the subject water line and appurtenances in a generally acceptable manner within the.e~sementdedicated by Miguel Hernandez. Such installation will be designed by City in a manner as to protect the interest of Miguel Hernandez and the facilities installed will continue within the dedicated easement until they exit the property. The City will return all existing features to equal to or better than condition prior to the installation of the facilities. . . , ':'+}:.;:~'~7,":> .' 3. Indemnification/Insurance. Each party shall be . " -. . " responsible to the other for, any and all negligent actions of .. .-', - '. : , ' the party, their assigns, employees or agents. , 4. Maintenance. Cit~: will maintain the subject water line in a reasonable condition and should City find it necessary to conduct repair activities on the water line within the easement, City will return all disturbed, areas to equal to or be~ter than condition prior'to the action. Miguel Hernandez may maintain landscaping, driveways, and parking. areas within the easement and shall be able to modify said improvements from time to time. Miguel Hernandez will not install any additional structures within the subject Easement area. 6. Consideration. a. City will provide 6" sanitary sewer service to property ,line, including all construction and hookup fees, if applicable,. b. City will provide 3/4"-1" water service and meter to property line, including all -.. --- construction and hookup fees, if appli.cable. c. Consideration a and b above will be valid for three ( 3 ) years after date of this Agreement. After such time, consideration a and b above will become null and void. 7. Notices. All notices, requests, demands, and other given if personally delivered, or mailed, certified mail, return receipt" requested, to the following addresses to: Miguel Hernandez 7200 Miller Road Miami, Florida. 33155 City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, ,Florida 33444 8. Miscellaneous. . " ' '. a. The prevailing party in any litigation arising here under shall be entitled to its reasonable 2 ~ . .. attorneys fees and court costs including appeals i.f necessary. : b. Each party agrees to furnish to the other within 10 days after request such truthful estoppel information as the other may responsibly request. c. This Agreement, along with the Easement Deed, constitutes the 'entire agreement and under- standing of the parties, and supercedes all offers, negotiations, and other agreements. There are no representations or understandings of any kiI1d not set forth herein. Any amendments to said agreements must be in writing and executed by both parties. ,- IN WITNESS WHEREOF, the parties have accepted, made and executed this Agreement and three (3) counterparts each constituting an original. upon the terms and conditions above stated on the date first set forth above. ~EZ /~ .. CITY OF.DELRAY BEACH c By: By' ..... .. 0 Thomas E. Lynch . , ' ----- . Mayor Attest: et1, Jt!,oIJ- _'A4A_.IL Attest: Approved as to Form: City Attorney '. . ( . I " ~ 3 CITY RTTORNEY'S OFFrC[ TELNa. 407 27~ 47S5J~ 02,9f 3:47 P.Ol ~ . .,. EASEM!NT DEEO' THIS'INOENTUR.E, mad~ this 2J!O day of hlJ.'1' , I 19 ~by and between" M~Uel Hernande.' . parties of the flrst part, and the CIT OF OELRA Y 8EACH, a Plorlda municipal corporation In Palm Beac:h County, ,State of. Florida, party of the second partl WITNESSETH, That the parties of the first part, for and In consideration ot the sum of Ten ($10,00) Oollars and other good and valuable considerations to It In hand paid by tho said party of the seco,nd part, the receipt of which is hereby acknowledged, does hereby srant, bargain, sell and release unto the party 01 the second part, Ita successors and assigns, a right of way and perpetual easement for the purpose ofl Utititi.. with full and free right, liberty, and authority to enter upon and to install, operate, .and maintain such utilities "under, across, through and upon, over, under or 'wlthln the foJlowlna described property loeated In Palm 8each County, ~.Iorlda, to-wit I EASEMENT The South 10' lad the East 10' at the followtna described property I The .outhe.lt l of Lot 12 of the Subd1v11ion of Section 20. Towulh1p 46' South. langl 43 !.It~ City of Deltay Beach. P.la'BuCh County. Flot1cl&, Le~s the W..t,173' ot aaid parcd, Concomitant and coextensive 'with this rllM Is the 'further right in the party of the second part, its successor,s. and assigns, of lnsress and egress over and on that portion of land described abov~, to eUeet tl.e purposes of the easement, That this easement shall be SUbJect emly to those ClIsements, restrictions, and r,eservatlons of record, That the parties of the first partlsree to prOVide for the release of Ilny and all mortsases or liens encumbering thll easement, The partlas 01 the first part abo agree to erect no buUdlnl or effect any other kind 01 constructIon or Improvements upon the above-d_scrlbed property. , PartIes of the llrst part d~ hereby fully warrant the title to sald land and wlll defend the same Al;alnst the lawful claims of all persons \vhomsoovor claimed by, throuSh or under It, that It has good right and lawful authorl1y to grant the above- described easement and that the same Is unencumbered. Where, the context of this Basement Deed allows or permits, the same shall Include the S\ICCGssors or assigns of the parties. . ' ' " .' -- ~... , . , IN WITNI!SS WHEREOF, the partlos to this Easement Deed set their ~ds . '"._ :'~':. !Ind seals the day and year first above written. /'..... '..' , ;', /;'~~- .. .- .:..:: ," ..... -.... .. .. ~':,;' ~ WITNJ:.SSfSl ' P~l'ltlST p~~ 7: '. .J"" ::' ] ":;:~1 . '~' '" ./ ~/'-:""~' .. -::-.J.h....... .....J V' w- "., .... ." ~;..:>~~ /' .~, , . '....- ,..... :..:..... .:....:.... --- ST^TEOP,:'J~ COUNTY o~ .. .. . I He.R.e.&y CERTIFY that on this day, before me, an oWcer authorized In tate and Co y ~l..:r_:s~~ take acJmowledgments, per.sonally appeared _ -' well known to 'me, and they acknowl- ecut 8 t e samo. , " , .' , u \YITNE~" y hand and ofUs..laj sui In th'e County and State IIl~t l\foresnld thls~d.yof __,19U,.. ~ . . ' . '. ~~ ~c' '--0. , ' , .. No-tary He: ' ,)-. I .' . '. . : My Commission expires: . ' ' . ' - ......... - 1". &.~~~~ I. .'.. ~0ed MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER gl SUBJECT: AGENDA ITEM # -,MEETING OF JUNE 11 , 1991 AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND TOWN OF GULFSTREAM DATE: June 7, 1991 At your April 9th regular meeting the Commission approved an interlocal agreement with the Town of Gulfstream for emergency dispatch services. Subsequently, the Town Manager of Gulfstream has recommended that the language in Section 4 ( c ) and (d) be altered to clarify the City's responsibilities for dispatching services. The new language does not change the substance of the agreement, but merely re-words two sections to clarify the City's commitment. Recommend approval of the modified language in Sections 4 (c) and (d) of the interlocal agreement between the City and Town of Gulfstream for emergency dispatching services. ~ :IiY ATtORNEY'S OFFICE TEL No. 407 278 4755 Jun 05.91 21:38 P.02 . r, .. . .' CITY A....ORNEy.S OFFICE 3JOS.E.lstSTREtt.SUlTE". DELkAYBEACH.FLORIDA3~83 ~I I '01/243-7090 . TELECO'IER 407/,Z78-4755 MEMORANDUM OAT!: June 6, 1991 TO: CJ. ty Commi88ion FROM~ David N. ~olce8, Assi8tant City Attor~ SUBJECT: Oelray B~ach/Gu1f Stream Dispatch Aqreement The Commission previou8ly approved a dispatch agreement at its J\pril 9, 1991 meeting. The Gulf Stream Town Manager made recommendations to alter the language in Sections 4 (C) and 4 (d) . The new language does not change the substance of the agreement, but merely re-words two sectIons to clarify the City's commitment. _. . DNT:ah ___ (,H~- Attachment /" , . . -----.. CITY RTTORNEY'$ OFFICE TEL No. 407 278 4755 Jun 05,91 21:38 P,03 . POT...ICE ANI) FIRE COMMUlfICATIONS AGREEMENT This Agreement, entered into this day of , 1991, by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal,corporation, hereinafter r~ferred to as, "City" an~ the TOWN OF GULF STREAM, a Florida municipal corporation, hereinafter referred tg as, ttTown". WITNESSBTH: WHEREAS, the Town desires to enter into an aQreement with the City of Delray Beach, Florida in order to obtain Police and Fire Dispatching and Communications Services from the City, NOW, THBREFORE, the City and the Town in considera- tion of----the nlUtual promises and benefits hereby, agree as follows; Section 1. This agreement 1. to become e~tective as of June 15, 1991. Section 2. This aqreement shall expire, and termi- nate on June 15, 1994. . Section 3. The Town Shall pay twenty thousand dollars ($ 20,000.00) per year to the City for PO,llce Dlspatchin9 and Communications Services provided to the Town from the City for the period of June 15, 1991 through June 15, 1994. Section 4. The City shall prOVide dispatching and communication services to include the hand~lng of: " -.... CIry AfTORNEY'$ OFFrCE TEL No. 407 278 4755 Jun 05,91 21:39 P.04 . 4. Radio dispatching of police emergency and 911 oalls. b. Radio dispatching of non-emergency calls. c. Telephonically receiV8, calls for fire protection and emergency medical services, which will be relayed, to the Town of Ocean Ridge. a. Delray Beach Communications Department will dispatch a Gulf Stream officer to all fire and .- medical calls. If a Gulf Stream. officer is unavailable due to anQther priority call, he will be made 'aware of the fire or medical call and its location. e. Electronically reCOrding.. and maintaining radio transmissions for thirty (30) day.. -"", f . Access to information trom Palm Beacb Sheriff's Department'lI P.A.L.M.S. Computer System and. the State F.e.I.C. and P~eral N.C.I.C. Computer Systems via radio voice or telephone voice transmission. g. Recording and maintaining for two years a daily . dispatch log anc:1 Incident Report carda to be issUed a numerical identifier and contain the following information: 1. Type of call or incident 2. Date and time of' call or incident 3. Location of incident 4. Complainant or caller's name .. .' ~ CITY ATTORNEY'S OFFICE TEL No. 407 278 4,755 Jun 05,91 21: 39 P.05 . s. Name of the assigned or responding officer Section 5. The Town shall be responsible for mainte- nance of all radios or equipment.purcOased after the execution of the original agreement, providing maintenance and repairs as needed through a Motorola subcontractor. Section 6. The Ci~y shall provide only communication services and dispatching services except that the City may unilate:t:ally add any communioation~J dispatch, information or record keeping services that enhances the City's ability to provide that service to its own service area. The ~own shall conform to those procedures and policy necessary to assure that the communications and records keeping for the Town's service area la .in harmony" with the comnuni- cation. and recorda keeping of the City. -~..__ln the event that the City 1s capable of providin9 enhancements or'&dditiona to law enforcement and communications services which are not unilateral and the Town wishes to avail themselves of such additions and enhancements the Town may upon mutual Agreement with the City amend Section 4 of this contract which may necessitate a negotiated amenc1ment by the City to . Section 3 of this contract. Section 7. The City, its officials, agents, or . . employees in providing dispatch and cOJllllunication services, shall not be deemed to as.ume any '11ablli ty for acts, , , ami..ions, or 'negligence ot the Town, its employees, agents or officia.ls. The,Town sha.ll hold the City harmless and shall defend them against any cla1ms for d~ge8, resulting from acta, , ,- .. " --.' . 407 278 4755 Jun 05.91 21:40 P,06 CITY ATTORNEY'S OFFICE TEL No, ~nis5ions or negligence of the Town, its officials, agents, or employees, subject to the provis1ons of Florida Statutes Section 76.8.28. All liabilit.y for injury to personnel and for loss of or damage of equipment incurred in connection with this Agreement, or in the performance of services or functions pursuant thereto, shall ~ borne by the City or the Town employing such pe~sonnel or ownl~9 ~UCh equipment, and the Town shall carry sufficient insurance ~o cover all such liabilities. section 8. The Town may terminate this agreement at any time following sixty (60) days written notice'to the City. After the effective date of sa1d notice, both parties will be relieved of any further obligAtions under this agreement except nothing herein shall be construed to impair the obligation of any contract then in effect in which the Town and the City is a party ott.....t.o relieve the Town or the City of any liability for its negligence or the negligence of' their respective employees occurring while this &9reement is in effect. If the the Town should terminate the &9reement as herein provided and prior to June 15, 1991, the twenty thousan4 dollar ($ 20,000.00) payment referred to in section 3 shall be refunded on a pro rata.basis. ,Section 9. The city may terminate this agreement at any time following sixty (60) days written notice to the Town. After the effective'date of 8aid notice; both parties will be relieved ot any further Obligations under this agreement except nothing herein shall be construed to impair the Obligation of any contract then in effeot 1n which the the Town and the City i8 a party or to relieve the Town or the City of any liability P .07' -~ CITY ~TTORNEY'S OFFICE TEL No, 407 278 4755 Jun 05,91 21:41 .. -! the negligence of tbeir for its negligence or respective employees occurring while .thi8 agreement is 1n effect. If the City should terminate this agreement all herein provided and prior to June 15, 1994, the twenty thousand dollar ($20,000.00) payment referred to 1n Sect1qn 3 shall be r.efunded on a pro rata ba.ais. Section 10. Tbe Town shall not a..i9D this a9ree- I mente - ! Section 11. All dispute. arising from ,this a9reement shall be settled in a court of competent jurisdiction' with venue to be in Palm Beach county, Florlc:la. I Section 12. All not1ce. provided for 1n this &CJree- \ , ment shall be in writing and e1ther band.delivered or sent by , oertified or registered mail to the party to be notif1e4 at the I followiA~respect1ve addresses which may be changed by written I not.ice only: CITY: OFFICE OF THE CITY Manager CITY OF DBLRAY BBACK, FLORIDA 100 N.W. 1st Avenue Delray Beach, PL 33444 TOWN : Office of the Town Manaver Town of Gulf Stream 100 Sea Road Gulf Stream" FL 33444. Notice given by or to the Attorney by either party shall be as effective as if glven Dy or to sald party. . --.. CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jun 05.91 21:41 P.08 Section 13. The City ahall retain exclusive control over all equipment and personnal u,ed in providing the services in accordance with this agreement, and further the City agrees that it may, at its sole option, inst1tute an administrative procedure for addressing any complaints or grievances which may be raised by the TOwn over the providing of such services. . Section 14. The'City shall have therlght to limit, direct or deny access, to individual repre8ent~t1ves of the , ,- Town, to Information and Communications capabilities provided in Section 4, when such access has been abused, in violation of Florida Statutes, in violation of the City, County, State or National directives and procedures governing the acquiring and uJe of sensitive information and equipment, or when such access . may jeopardize the City.s law enforcement effort or the represe~tive is found to be a security risk. IN WITNESS WHBRBOP, the parties have caused these presents to be signed by the duly authorized officers on this da.y of , 1991. - CITY OF DBLRAY BEACH, FLORIDA , MAYOR ATTEST: City Clerk Approved as Lo form: City Attorney " :rTY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jun U~,~~ _~'~_ , - - TOWN 0., GULP STRlWt ATl'ES'l': Town Manager Town Clerk . ,.. .. '-- . . . .... 7 , ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ?~1 SUBJECT: AGENDA ITEM # ..1 - MEETING OF JUNE 11/ 1991 GRANTING OF EASEMENT DEEDS/OLD ATLANTIC (AKA MCNAB) AVENUE DATE: June 7 , 1991 This item is before the Commission to grant easement deeds to Florida Power and Light in conjunction with the abandonment of portions of Old Atlantic (McNab) Avenue. These easements are required as a condition of the abandonment process. There are no other existing utilities in the abandonment area, The deeds are properly prepared and have been reviewed by the City Attorney's office. Recommend utility easements be granted to Florida Power and Light in conjunction with the abandonment of portions of Old Atlantic (McNab) Avenue, '// !1~ ) C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER FROM: KATHLEEN E. DEARDEN, PLANNER II PARTMENT OF PLANNING AND ZONING \.. Jkv~ J. OVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 11, 1991 **CONSENT AGENDA** EASEMENT DEEDS TO F.P. & L., FOR MCNAB AVE. AKA OLD ATLANTIC AVE. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of granting to Florida Power and Light easements for existing services within the right of way of McNab Ave. BACKGROUND: These easements are required as a condition of approval of the abandonment of portions of the right of way of McNab Ave. as determined by the Planning and Zoning Board on March 18, 1991. ,With the abandonment of portions of the right of way, the existing utilities must be granted easements by the City as the official owners of the land. The only existing utilities within the proposed abandonment area is Florida, Power and Light Company. They have provided the deeds. The deeds are properly prepared and has been reviewed by the City Attorney's office. The deeds are now ready for City Commission action. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board has not reviewed these deeds as this was an item to be provided by the petitioner as a condition of approval of the abandonment of a portion of the right of way of McNab Ave. No action is necessary by the Board. , City Commission Documentation Easement Deeds, McNab Ave, Page 2 RECOMMENDED ACTION: By motion, approval of the deeds to Florida Power and Light Company for the existing utilities in the right of way of McNab Ave. Attachments: * Deeds ked/#7eoaacc.txt RWO/SIOrrwO/ER Sec,....J..L, Twp --4LS, Ree --4.L E Prepared By: A.G. Russf1lo EASEMENT Florida Power' light Co. P.O, Box 2409. Oelray 8ch, Fl ~o,m J721ISIoc..... "... 1211. The undeniped, in consideration of the payment of SI,OO and other aood and valuable considera- tion. the adequacy and receipt of which is hereby acknowledJed, annt and Jive to Florida Power "- light Company. its licensees. agents. successors, and willIS, an easement forever for the construc. tion, operation and maintenance of overhead and undel'JfOUnd electric utility I.c:ilitiea (includilll wir~, pol~. guys, cables. conduits and appurtenant equipment) to be installed lrom time to time: with the right to reconstruct, improve, add to, enlarae, change the volt., as weD u, the size of and remove such facilities or any of them within an easement..u.ull<<kUJtItUI(described IS foUows: Parcell: That part of the right of way for Old Atlantic Avenue (80 Foot right of way) lying East of Congress Avenue and South of State Road 806 in Sectlon 18 Township 46 South, Range 43 East, Palm Beach County, Florida, described as follows: Commence at the Southwest corner of the plat of Atlantic Avenue Veterinary Clinic. as recorded in Plat Book 42, Page 189 of the Public Records of Palm Beach County. Florida, thence S 490 35' 29"W, along the Westerly Extension of the Southerly 11ne of said plat and along the Northerly right of way line of Old Atlantic Avenue, 75,97 feet to a point of curvature of a curve concave Northwesterly with radius of 163,00 feet and a central angle of 220 40' 0011 thence Southwesterly along the arc of said curve 64,48 feet; thence S 720 15' 21" W, 59,52 feet to a line 70.50 feet East of and parallel with the West line of Northeast Quarter (H.E.~) of the Southeast Quarter (5,[,\) of said Section 18; thence S 530 57' 3911E, 21.69 feet to a line 17.50 feet South of and parallel with the Northerly right of way line of Old Atlantic Avenue, thence H 720 15' 2111 E, along said parallel line, 46.70 feet to a Point of Curvature of a curve concave Northwesterly with a radius of 180.50 feet and a central angle of 220 40' 00., thence Northeasterly along the arc of said curve 71,41 feet, thence N 490 35' 21" E, along a line 17.50 feet Southeasterly of and parallel with the said Northerly right of way line of Old Atlantic Avenue 65,23 feet to the Intersection with the Southerly Extension of the West line of the said plat of Atlantic Avenue Veterinary Clinic; thence N 80 51' 3911 W, along said Extension, (Cont.) Together with the right to permit any other penon. rum or corporation to attach wires to any fa.::ilities 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 riaht to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the ~asement area; to trim and cut and keep trimmed and cut all dead, weak, lunin. or danaerous trees or limbs outside of the easement area which might interfere with or fall upon the 1ines or systems of communications or power transmission or distribution: and further grants, to the full- est extent the undersigned has the power to grant, if at all, the riahts hereinabove granted on the land heretofore described. over. along, under and across the roads, streets or lti&hways ad- joining or through said property. IN WITIJESS WHEREOF. the undersigned has signed and sealed this instrument on .19_, Signed, sealed and delivered in the presence of: Sign By: Print Witness President Thomas E, lynCh - Mayor 100 HW 1 Ave Sign Attest: Delray 8ch. Fl Print Witness Secretary 33444 (Corp. Seal) ::. L..\I t. Ol:- AND COUNTY OF Th~ foregomg instrument was acknowledged before me this day of .19_. by and respectively the President and Secretary of , J ~orporation, on behalf of SJld ccrporation. \1)0 Commls,/0'1 ExpIres: :-';Ol.1ry Public, Slale of 20.54 feet to the safd Pofnt of Begfnning, RWO/SIO/lWO/ER Sec.~, Twp~S, Rge ~E Prepared 8y: A,G. Russillo Florida Power & l1ght Co. EASEMENT P.O. Box 2409. Delray Beach. "n.m17UISIOCke<lIA..,I2/t1 The undersiJl'\ed, in consideration of the payment of S 1,00 and other ,ood and valuable cons.ide.... tion. the adequacy and receipt of which is hereby acknowled,ed. &rant and live to Florida Power A Liaht Company. its licensees, alents. successors, and assill'1s, an easement forever for the constJuc- tion, operation and maintenance of overhead and underaround electric utility facilities (incJudina wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; \\ith the right to reconstruct, improve, add to, enlarge, change the voltage, u well u. the size of and remove such facilities or any of them within an easement..!!!W)(~WAJdescribed as follows: Parcel 2: That part of the right of way for Old Atlantic Avenue (80 foot right of way) lying east of Congress Avenue and South of State Road 806 in Section 18. Township 46 South. Range 43 East. Palm Beach County, Florida. described as follows: Begin at the Southwest corner of the plat of Atlantic Avenue Veterinary Clfnfc, as recorded in Plat Book 42, Page 189 of the Public Records of Palm Beach County. Florida; thence N 490 35' 21" E. along the Southerly line of said Plat and along the Northerly right of way line of Old Atlantic Avenue. 128,48 feet to the South- easterly corner of said plat: thence S 00 07' 51" E, along the West line of the East half (E~) of the Northwest Quarter (NW%) of the Northeast Quarter (NE~) of the Southeast Quarter (SE~) of said Section 18. 22.94 feet to a line 17,50 feet Southeasterly of and parallel with the said Northerly right of way line of Old Atlantic Avenue: thence 5 490 35' 21" W, along said paral'el line, 124,39 feet to the intersection with the Southerly Extension of the Westerly line of said plat of Atlantic Avenue Veterinary Clinic; thence N 80 51' 39" W, along said extension. 20,54 feet to the said Point of Beginning, Together with the right to permit any other peI'.ion, rum 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, undel'ifowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leanina or danaerous trees or limbs outside of the easement area which might interfere with or faU upon the lines or systems of communications or power transmission or distn'bution; and further grants, to the full- est 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 hiJhways ad- joining or through said property, [~WINESS WHEREOF, the undeI'.iigned has signed and sealed this instrument on ,19_, Signed. sealed and delivered in the presence of; Sign By; Print Wilness iDwlIk 100 NW 1 Av Thomas E. Lynch - Hayor Delray Beach,F Sign Attest: Print Witness Secretary 33444 (Corp. Seal) ~ I.>, rE. OF ANu CUUNTY OF Th.: forf~vll1g inslTllm~nl was Jcknowl.:dged before me this day of ,19_. \-' Jnd .--- ---- , respectively the President and Secretary of - -- -- -- __ ____, J ':Nporation, on behalf of said corporation, ,1: C,. ," "" ':: L \ l'i r-" :\vlary Public, State of RWO/SIO/lWO,'ER Sec,--I!, T\\r-p ~S, RCe ~ E Prepared By: A.G. RU5Sillo EASEMENT Florida Power & light Co, FQfm HU (StOCkOcll It.., 1211' P,O, Box 2409, Oelray 8ch, Fl The undersiped. in consideration of the payment of S 1.00 and other load and valuable considera- tion, the adequacy and receipt of which is hereby acknowled,ed"rant and live to Aorida Power a Licht Company. iu licensees, agents, successon, and assi&ns, an easement forever for the COnstNC- tion, operation and maintenance of overhead and undef'll'Ound electric utility facilities (includina wires, poles, auys. cables, conduits and appurtenant equipment) to be installed from time to time; with the richt to reconstruct, improve, add to, enlarae, change the voltaae, IS wen u. the size of and remove such facilities or any of them within an easement.JUtJtJUJtk.~" described as foUows: Parcel 3: That part of the right of way for Old Atlantic Avenue (80 foot right of way) lying East of Congress Avenue and South of State Road 806 in Section 18. Township 46 South. Range 43 East, Palm Beach County, Florida. described as follows: Commence at the Southwest corner of the Plat of Atlantic Avenue Veterinary Clinic, as recorded in Plat Book 42, Page 189 of the Public Records of Palm Beach County, Florida. thence N 490 35' 21" E. along the Southerly line of said plat and along the North right of way line of Old Atlantic Avenue, 128.48 feet to the Southeasterly corner of said plat and the Point of Beginning. thence continue N 490 35' 21" E. along said Northerly right of way line, 171,91 feet to the Southwesterly line of the lands deeded for right of way as described in Official Record Book 1049, Page 450 of the Public Records of Palm Beach County, Florida; thence S 130 49' 07" W, 29,94 feet to a line 17.50 feet Southeasterly of and parallel with the said Northerly right of way line of Old Atlantic Avenue; thence S 490 35' 21" W, along said parallel line, 162,45 feet to the West line of the East Half (E~) of the Northwest Quarter (NW\) of the Northeast Quarter (NE~) of the Southeast Quarter (SE~) of said Section lB; thence N 00 07' 51" W, along said West line, 22,94 feet to the said Point of Beginning, Together with the right to permit any other person, rum or corporation to attach wires to any fa.:ilities 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 riJht 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 aU dead, weak, leaninJ or dangerous trees or limbs outside of the easement area which mi&ht interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the full- est 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 ad- joining or through said property, l~ \H~ESS WHEREOF, the undersigned has signed and sealed this instrument on ,19_. Signed. sealed and delivered in the presence of: Sign By: Pri nt Witness J:alWctw Thomas E. Lynch - Mayor 100 NW 1 Ave Sign Attest: Delray Br:h, FL Print Witness Secretary 33444 (Corp, Seal) - :> 1.-\ 1 t. vi' AI"-I LULiN 1 I Of The: for~!!oing instrument was acknowlcdg~d before me this day of ,19_. b~ Jnd respectively the President and Secretary of _ ____ ,_____ ___,a ,'o~;,or3tion, on l:Jeh31f of said corrorJtion, \1~ Cl'Ii~I:-..,,_ ;;" L'l'lre" Sd.IrY Public. Slate of R WO/SIO/TWO/ER Sec,~, Twp~S, Rge ~E Prepared By: A.6, Russillo EASEMENT Florida Power & Light Co. I'or... uu (StOCke<l) A..., u,.. P.O. Box 2409. Delray 8ch, Fl The undersisned, in considerition of the payment of S 1,00 and other ,ood and valuable considera- tion, the adequacy and receipt of which is hereby acknowledaed, annt and ,ive to Florida Power cl Liaht Company, its licensees, agents, successors, and assians, an easement forever for the construc- tion, operation and maintenance of overhead and underaround electric utility facilities (includina wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, ch&nJe the volta,e, as weD as. the size of and remove such facilities or any of them within an easement..xx.U'IQiru9iJltlx described as foDows: Parcel 4: That part of the right of way for Old Atlantic Avenue (80 foot right of way) lying East of Congress Avenue and South of State Road 806 in Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida, described as follows: Begin at the Point of Intersection of the West line of the East Half (E~) of the Northwest Quarter (N~) of the Northeast Quarter (NE~) of the Southeast Quarter (SE~) of said Section 18 with the. Southerly right of way line of Old Atlantic Avenue; thence N 490 35' 21- E. along said Southerly right of way line, 254,19 feet to the Southwesterly corner of the lands deeded for road right of way as described in Official Record Book 2223, Page 121, Official Record Book 2228, Page 1650, and Official Record Book 2228, Page 1658, of the Public Records of Palm Beach County, Florida; thence H 40024' 39- W, 17.50 feet; thence S 490 35' 21" W, along a line 17,50 feet Northwesterly of and parallel with the Southerly ri~ht of way line Old Atlantic Avenue, 239.36 feet to West line of the East Half (E~ of the Northwest Quarter (NW\) of the Northeast Quarter (NE~) of the Southeast Quarter (SE~) of said Section 18; thence S 00 07' 51" E, along said West line, 22.94 feet to the said Point of Beginning. Together wilh the right to permit any other person, rum 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 aD limes; 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 aU dead, weak, leaninc or dan,erous trees or limbs outside of the easement area which miJht interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the full- est 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 ad- joining or through said property. IS Wln-;ESS Vr'HEREOF. the undersigned has signed and sealed this instrument on ,19_, Signed, sealed and delivered in the presence oi: .Sign By: Pri nt Witness President Thomas E. lynch - Mayor 100 NW 1 Ave Sign Attest: Del ray 8ch, Fl Print Witness Secretary 33444 (Corp, Seal) ,:) 1 r\ I t: 0r AND CUliN 1 Y UF The foregOing instrument was a~i<;nowieJgeJ before me this day of ,19_. by and respectively the President and Secretary of ______ ___,__ a corrorJ~;L'r., on l-",half':' 'aid ,'orp0ration, ~Iy (nm:n".,\on Expires: :-;otJr, Publi..:, SWI.' oi RWO/SIO/TWO/ER Sec.--1J.., Twp-!LS, Rge ~E Prepared By: A.G. Russillo EASEMENT Florida Power l light Co. I'or... nu ISIOCUClI Ill..., 12'" P.O, Box 2409. Delray 8ch. FL The undeniJned, in consideration of the payment of $1,00 and other aood and valuable considera- tion, the adequacy and receipt of which is hereby acknow1~aed, arant and aM to Florida Power.t Liaht Company. its licensees, aaents, successon, and assians, an eastment forever for the construc. tion, operation and maintenance of overhead and underaround electric utility facUities (inc1udilll wires, poles, JUYs, cables, conduits and appurtenant equipment) to be installed from time to time; with the riabt to reconstruct, improve, add to. enlarae, change the voltaae, as weD as, the size of and remove such facilities or any of them within an easemenU.lUUI'ttllUllWtCKJl described as foUows: Parcel 5: That part of the right of way for Old Atlantic Avenue (80 foot right of way) lying East of Congress Avenue and South of State Road 806 in Section 18, Township 46 South. Range 43 East. Palm Beach County. Florida. described as f 011 ows : Begin at the Point of Intersection of a line 25,00 feet West of the East line of the West Half (~) of the Northwest Quarter (NW~) of the Northeast Quarter (NE~) of the Southeast Quarter (SE~) of said Section 18. with the Southerly right of way line of Old Atlantic Avenue; thence N 490 35' 21. E. along said Southerly right of way line, 32.77 feet to the East line of the West Half (~) of the Northwest Quarter (HW~) of the Northeast Quarter (NE~) of the Southeast Quarter (SE~) of said Section 18; thence N 00 07' 51" W, along said East line, 22,94 feet to a line 17,50 feet Northwesterly of and parallel with the said Southerly right of way line of Old Atlantic Avenue; thence S 490 35' 21" W. along said parallel line. 32.77 feet to the said line 25.00 feet West of the East line of the West Half (~) of the Northwest Quarter (NW\) of the Northeast Quarter (NE~) of the Southeast Quarter (SE~) of said Section 18; thence S 00 07' 51" E. along said line. 22.94 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 riabt of ingress and egress to said premises at aU times; the riabt to clear the land and keep it cleared of aU trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leanina or dangerous trees or limbs outside of the easement area which mi&l\t interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further arants, to the full. est extent the undersign~ has the power to grant, if at all, the rights hereinabove &ranted on the land heretofore described, over, along, under and across the roads, streets or highways ad- joining or through said property. r-..: WITNESS WHEREOF, the undersigned has signed and sealed this instrument on ,19_, Signed, sealed and delivered In the presence of: Sign By: Print Witness President Thomas E. Lynch - Mayor 100 NW 1 Ave Sign Attest: Delray Bch. Fl Print Witness Secretary 33444 (Corp, Seal) ~ TAIl: VC AND COUNll VI" Th,' for~go;ng instrum~nl W.1$ acknowl~dged before me this day of ,19_. b)_____ _ and respectively the President and Secretary of -- --- . a corporali~m, on b~half of said .:orroration. ~l~ COl~lmisslul: Expin:s: Notary Publil" Slate of . RWO/SIO/TWO/ER , Sec.~,Twp~S,R&e~E Prepared By: A.G. Russillo EASEMENT Florida Power a light Co. ,....mUUISIOCk...1A..,I2Jt. P.O. Box 2409, Delray Bch, FL The undersi&I1ed, in consideration of the payment of S 1.00 and other load and valuable considera- tion, the adequacy and receipt of which is hereby acknowledled, lrant and cive to Florida Power cl Light Company. its licensees, agents, successors, and assigns, an easement forever for the construc- tion, operation and maintenance of overhead and underground electric utility facilities (includina wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct. improve, add to, enlarge, chanae the voltale, as well as, the size of and remove such facilities or any of them within an easement~~x\(Ix~described as follows: Parcel 6: That part of the right of way for Old Atlantic Avenue (80 foot right of way) lying East of Congress Avenue and South of State Road 806 in Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida, described as Follows: Begin at the Point of Intersection of a line 25.00 feet West of the East line of the West Half (~) of the Northwest Quarter (NW\) of the Northeast Quarter (NE~) of the Southeast Quarter (SE~) of said Section 18 with the Southerly right of way line of Old Atlantic Avenue; thence S 490 35' 21" W, along said Southerly right of way line, 152.59 feet; thence S 720 15' 21" W, along said South right of way line 133.55 feet to a line 70.50 feet East of and parallel with the West line of the Northeast Quarter (NE~) of the Southeast Quarter (SE~) of said Section 18; thence N 360 02' 21" E, 29.62 feet to a line 17,50 feet North of and parallel with the said South right of way line of Old Atlantic Avenue; thence N 720 15' 21" E, along said parallel line 60.95 feet to a point of curvature of a curve concave Northwesterly with a radius of 225.50 feet and a central angle 220 40' 00"; thence Northeasterly along the arc of said curve, 89.21 feet; thence N 490 35'21" E, along a line 17,50 feet Northwesterly of and parallel with the said Southerly right of way line of Old Atlantic Avenue, 118.71 feet to the said line 25.00 feet West of the East line of the West Half (~) of the Northwest Quarter (H~) (Cont,) Together wilh the right to permit any other person. rum or corporation to attach wires to any facilities hereunder and lay .:able 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, leaninl or danaerous 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 full- est 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 ad- joining or through sa id property, IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on ,19_, Signed, sealed and delivered in the presen.:e of: Sign By: Pri nt Witness President Thomas E, Lynch - Mayor 100 NW 1 Ave Sign Attest: Delray Beach, FL Print Witness Secretary 33444 (Corp, Seal) S fA lEur AND COl 'NTY 01- Th.: foregoing tnstrument was acknowledged before me thJS day of , 19_, C>\ ____ ___ _ and - , respectively the Presidenl and Secretary of __ - .. .. n__ ___' J corporation, on ht'half of said .::orporation. , '.1, (,"_',1:111'''1''1' I \r:r-~>: Nutary Public, State of I ' I , of the Northeast Quarter (NE~) of the Southeast Quarter (SE~) of said Section 18; thence S 00 07' 51. E. along said line. 22.94 feet to the said Point Of Beginning, (fJ.ih{( fern c0/W€4/, ~LL 6/;1/'1/ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDA ITEM # <6'K - MEETING OF JUNE 11, 1991 RESOLUTION NO. 46-91 DATE: June 7, 1991 This is a resolution vacating and abandoning the north 17.5 feet and the south 17.5 feet of the 80 foot right-of-way for Old Atlantic Avenue (aka MacNab Avenue) located east of Congress Avenue and south of Atlantic Avenue, This request for abandonment was initiated by the Shell Oil Company, which has a station at the southeast corner of Atlantic and Congress Avenues, However, all of the abutting property owners have joined in the petition and are requesting the abandonment of 17,5 feet of right-of-way adjacent to their properties as well. The County, by use of eminent domain, obtained a portion of the Shell property during the six-laning of Congress Avenue. Subsequently, Shell filed a law suit for damages in the amount of $559,000 to compensate for lost property value. The loss of property hampered their ability to redevelop the site. By abandoning the 17.5 feet of right-of-way adjacent to their property, Shell will be able to proceed with their proposed redevelopment which includes realignment of the pumps, removal of the service bays, and construction of a car wash, Thus, the ability to redevelop the site will make the lawsuit moot. Additionally, there are several other properties along this roadway which would have the ability to redevelop their properties with the inclusion of the abandoned right-of-way. Upon review of the petition for abandonment of right-of-way, staff determined that the entire road right-of-way could be narrowed to 45 feet. Per LDR Sections 5,3.1(D)(2) and 5.3.1(D)(4)(a) the minimum right-of-way is stated as 60 feet, with any reduction in width requiring the support of the City Engineer, The City Engineer is in support of the reduction in right-of-way width to 45 feet for this roadway. The documentation is properly prepared and has been reviewed by Environmental Services and outside utility companies and no objection was received, Elsewhere on your agenda is an item granting easement deeds to Florida Power and Light for existing utilities in the right-of-way, Approval of that item is a condition of the abandonment action, The Planning and Zoning Board at their March 18th meeting recommen~ed approval of the abandonment, subject to conditions, Those conditions have been addressed, and therefore, Commission action is appropriate. Recommend approval of Resolution No. 46-91 abandoning the north 17,5 feet and the south 17,5 feet of the 80 foot right-of-way for Old Atlantic Avenue (aka MacNab Avenue) located east of Congress Avenue and south of Atlantic Avenue. RESOLUTION NO, 46-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT I PART OF THE RIGHT OF WAY FOR OLD ATLANTIC AVENUE (80 I FOOT RIGHT OF WAY) AKA MCNAB AVENUE, LYING EAST OF CONGRESS AVENUE AND SOUTH OF STATE ROAD 806 IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. WHEREAS, the City of Delray Beach is the fee-simple owner of the North 17.5 feet and the South 17,5 feet of that portion of Old Atlantic Avenue (Old S,R, 806) lying south of West Atlantic Avenue (S,R, 806) and east of Congress Avenue1 and, WHEREAS, Russell L. Che~tham, as duly ,authorized agent for Shell Oil Company, lead petitioner, has made application for abandonment of that part of the right-of-way for Old Atlantic Avenue (80 foot right-of-way) a.k,a McNab Avenue, lying east of Congress Avenue and south of State Road 806 in Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida1 and, WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interests of the City of Delray Beach to vacate and abandon said portion of Old Atlantic Avenue a,k,a. McNab Avenue, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property: PARCEL 1: That part of the right-of-way for Old Atlantic Avenue (80 foot right-of-way) lying east of Congress Avenue and south of State Road 806 in Section 18, Township 46 South, Range 43 East, palm Beach County, Florida, described as follows: Commence at the southwest corner of the Plat of Atlantic Avenue Veterinary Clinic, as recorded in Plat Book 42, Page 189 of the Public Records of Palm Beach County, Florida1 thence S49 Degrees 35'21"W., along the westerly extension of the southerly line of said Plat and along the northerly right-of-way line of Old Atlantic Avenue, 75,97 feet to a Point of Curvature of a curve concave northwesterly with radius of 163,00 feet and a central angle of 22 Degrees 40'00"1 thence southwesterly, along the arc of said curve, 64,48 feet1 thence S72 Degrees 15'21"W., 59,52 feet to a line 70.50 feet east of and parallel with the west line of Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of said Section 181 Thence S.53 ,Degrees 57'39"E" 21,69 feet to a line 17,50 fe~t south of and parallel with the northerly right-of-way line of Old Atlantic Avenue 1 thence N.72 Degrees 15'21"E., along said parallel line, 46.70 feet to a Point of Curvature of a curve concave northwesterly with a ,radius of 180,50 feet and a central angle of 22 Degrees 40'00"1 thence northeasterly, along the arc of , said curve, ?1.41 feet1 thence N.49 Degrees 35'21"E" along a line 17,50 feet southeasterly of and parallel with the said northerly right-of-way line of Old Atlantic Avenue, 65,23 feet to the intersection with the southerly extension of the west line of the said Plat of Atlantic Avenue Veterinary Clinic; thence N.8 Degrees 5l'39"W., along said extension, 20.54 feet to the said Point of Beginning, PARCEL' 2: That part of the right-of-way for Old Atlantic Avenue (80 foot right-of-way) lying east of Congress Avenue and south of State Road 806 in Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida, described as follows: Begin at the southwest corner of the Plat of Atlantic Avenue Veterinary Clinic, as recorded in Plat Book 42, Page 189 of the Public Records of Palm Beach County, Florida; thence N,49 Degrees 35'2l"E" along the southerly line of said Plat and along the northerly right-of-way line of Old Atlantic Avenue, 128,48 feet to the southeasterly corner of said Plat; thence S,O Degrees 07'5l"E" along the west line of the East Half (E 1/2) of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of said Section 18, 22,94 feet to a line 17,50 feet southeasterly of and parallel with the said northerly right-of-way line of Old Atlantic Avenue; thence S,49 Degrees 35'2l"W" along said parallel line, 124,39 feet to the intersection with the southerly extension of the westerly line of said Plat of Atlantic Avenue Veterinary Clinic; thence N,8 Degrees 5l'39"W" along said extension 20.54 feet to the said Point of Beginning, PARCEL 3: That part of the right-of-way for Old Atlantic Avenue (80 foot right-of-way) lying east of Congress Avenue and south of State Road 806 in Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida, described as follows: Commence at the southwest corner of the Plat of Atlantic Avenue Veterinary Clinic, as recorded in Plat Book 42, Page 189 of the Public Records of Palm Beach County, Florida; thence N.49 Degrees 35'2l"E., along the southerly line of said Plat and along the north right-of-way ,line of Old Atlantic Avenue, 128,48 feet to the southeasterly corner of said Plat and the Point of Beginning; thence continue N,49 Degrees 35'2l"E., along said northerly right-of-way line, 171. 91 feet to the southwesterly line of the lands deeded for right-of-way as described in Official Record Book 1049, Page 450' of the Public Records of Palm Beach County, Florida; thence S.13 Degrees 49'07"W., 29.94 feet to a line 17.50' feet southeasterly of and parallel with the said northerly right-of-way line of Old Atlantic Avenue; thence S.49 Degrees 35'2l"W,,' along said parallel line, 162,45 feet to the west line of the East Half (E 1/2) of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of said Section 18; thence N,O Degrees 0~'5l"W" along said west line, 22,94 feet . to the said Point of Beginning. PARCEL 4: That part of the right-of-way for Old Atlantic Avenue (80 foot right-of-way) lying east of Congress Avenue and south of State Road 806 in Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida, described as follows: I Begin at the point of intersection of the west line of the East Half (E 1/2) of the Northwest Quarter (NW 1/~) of the Northeast Quarter (N,E 1/4) of the South- east Quarter (SE 1/4) of said Section 18 with the southerly right-of-way line of Old Atlantic Avenue; thence N.49 Degrees 35'21"E" along said southerly right-of-way line, 254,19 feet to the southwesterly corner of the lands deeded for road right-of-way as described in Official Record Book 2223, Page 121; Official Record Book 2228, Page 1650; and Official Record Book 2228, Page 1658, of the Public Records of Palm Beach County, Florida; thence N.40 Degrees 24'39"W., 17.50 feet; thence S,49 Degrees 35'21"W" along a line 17,50 feet northwesterly of and parallel with the southerly right-of-way line of Old Atlantic Avenue, 239,36 feet to west line of the East Half (E 1/2) of the Northwest Quarter (NW 1/4) of the North- east Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of said Section 18, thence S.O Degrees 07'51"E" along said west line, 22,94 feet to the said Point of Beginning, PARCEL 5: That part of the right-of-way for Old Atlantic Avenue (80 foot right-of-way) lying east of Congress Avenue and south of State Road 806 in Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida, described as follows: Begin at the Point of Intersection of a line 25.00 feet west of the east line of the West Half (W 1/2) of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of said Section 18 with the southerly right-of-way line of Old Atlantic Avenue; thence N,49 Degrees 35'2l"E" along said southerly right-of-way line , 32.77 feet to the east line of the West Half (W 1/2) of the North- west Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of said Section 18; thence N,O Degrees 07'5l"W" along said east line, 22,94 feet to a line 17,50 feet northwesterly of and parallel with the said southerly right-of-way line of Old Atlantic Avenue; thence S,49 Degrees 35' 21 "w. , along said parallel line, 32,77 feet to the said line 25.00 feet west of the east line of the West Half (W 1/2) of the Northwest Quarter (NW 1/4) of the North- east Quarter ( NE 1 / 4). of the Southeast Quarter (SE 1/4) of said Section 18; thenceS,O Degrees 07'5l"E,~ along said line, 22,94 feet to the said Point of Beginning, PARCEL 6: That part of the right-of-way for Old Atlantic Avenue (80 foot right-of-way) lying east of Congress Avenue and south of State Road 806 in Section 18, Township 46 , South, Range 43 East, Palm Beach County, Florida, described as follows: Begin at the Point of Intersection of a line 25.00 feet west of the east line of the West Half (W 1/2) of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of said Section 18 with the southerly right-of-way line of Old Atlantic Avenue; thence S,49 Degrees 35'21"W" along said southerly right-of-way line, 152.59 feet; thence S,72 Degrees 15'21"W" along said south right- of-way line, 133.55 feet to a line 70,50 feet east of and parallel with the west line of the Northeast Quarter (NE 14/) of the Southeast Quarter (SE 1/4) of said Section 18; thence N,36 Degrees 02'21"E" 29.62 feet to a line 17.50 feet north of and parallel with the said. south right-of-way line of Old Atlantic Avenue; thence N,72 Degrees 15'21"E, , along said parallel line, 60,95 feet to a point of curvature of a curve concave northwesterly with a radius of 225.50 feet and a central angle 22 Degrees 40'00"; thence northeasterly, along the arc of said curve, 89.21 feet; thence N,49 Degrees 35'21"E., along a line 17.50 feet northwesterly of and parallel with the said southerly right-of-way line of Old Atlantic Avenue, 118,71 feet to the said line 25.00 feet west of the east line of the West Half (W 1/2) of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of said Section 18; thence S,O Degrees 07'51"E" along said line, 22,94 feet to the said Point of Beginning, The subject property is located southeast of the corner of West Atlantic Avenue and Congress Avenue (a.k.a, Old State Road 806), Delray Beach, Florida, The above described parcel contains a 0,365 acre I parcel of land, more or less. PASSED AND ADOPTED in regular session on this the 11th day of June, 1991, MAYOR ATTEST: City Clerk . I -4- Res. No, 46-91 I( ~) rr~/ C I T Y COM MIS S ION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER FROM: KATHLEEN E. DEARDEN, PLANNER II PLANNING AND ZONING DEPARTMENT THRu~~J~~~R DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 11, 1991 **CONSENT AGENDA** ABANDONMENT OF A PORTION OF MCNAB AVE. AKA OLD ATLANTIC AVE. RIGHT OF WAY ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the abandonment of a portion of the right of way of McNab Ave. aka Old Atlantic Ave., located south of the intersection between Atlantic Ave. and Congress Ave. BACKGROUND: The abandonment of a portion of the right of way of McNab Ave. was initiated by the Shell Oil Company which has a station at the southeast corner of Atlantic Avenue and Congress Ave. When the intersection was widened in 1987-1988, by the 6 laning of Congress Avenue, the County obtained a portion of the Shell station for the intersection modifications by eminent domain proceedings. This led the station to file suit with the County, the damages they are seeking amount to $559,000. which is to compensate for lost value. The existing right of way is 80 feet in width. Upon review of the petition for abandonment of the right of way directly adjacent to the Shell property, staff determined that the entire road right of way could be narrowed to a 45 foot right of way. The abutting properties have all joined in the petition and are requesting the abandonment of 17.5 feet adjacent to their properties. (See attached location sketch in P & Z staff report) . By the Shell property obtaining the additional 17.5 feet as a part of their property they are proposing to proceed with a new station, realignment of the pumps, removal of the service bays City Commission Documentation Abandonment of a portion of right of way of McNab Ave. aka Old Atlantic Ave. Page 2 and the addition of a car wash. ThEf'" ability to redevelop the site will make the lawsuit moot. Additionally, there are several other properties along this roadway which would have the ability to redevelop their properties with the inclusion of the abandoned right of way. Per L.D.R. Section 5.3.1(D)(2) the minimum right of way is stated as a 60 foot right of way. The proposed abandonment will make the right of way 45 feet in width. Per section 5.3.1(D)(4)(a), the reduction in width must be supported by the City Engineer. The City Engineer is in support of the reduction in right of way width to 45 feet for this roadway. The documentation is properly prepared and has been reviewed by Environmental Services and outside utility companies and no objection was received. The existing utilities in the right of way will be deeded easement deeds. Florida, Power and Light has provided the necessary deeds which are ready to be granted by the City. The abandonment is now ready for City Commission action. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board recommended approval to City Commission on March 18, 1991, subject to conditions of the staff recommendation. All conditions have been addressed. RECOMMENDED ACTION: By motion, adoption of Resolution -91 Attachments: * Planning and Zoning Staff report of March 18, 1991 * Resolution to be provided by City Clerk ked/#70aacc.txt PLANNING & ZC - JlNG BOARD <ATY OF DELRA Y BEACH --- STAFF REPORT --- MEETING DATE: March 18. 1991 AGENDA ITEM: . TV.B, ITEM: Abandonment of DortioQ of 01 ci At 1 ;:!nt"i C' AvpnllP (;:!k;:! MrN;:!h A"..n.,,") \!..9 - OR4.J65 : .5' 1.1 I PljJ4 ~ ,. lA' ~ en ~ en w a: ~ @ Z 0 I @- (.) @ 5/0,2 5/4 52/ :: 7.25AC N ., 1,69.AC 2.12 AC ,;r~ U ~O4 ~ I,S6AC . : ~ ~ - - - ... GENERAL DATA: Owner. .. .. .. .... .. .. .... .. . ... ..City of Delray Beach, Florida Agent...........................Russell L. Cheatham, representing Shell Oil Company, lead petitioner. Location........................Southeast of the corner of West Atlantic Avenue and Congress Avenue. (a.k.a. Old State Road 806) Property Size...................0.365 Acres City Land Use Plan..............Commerce City Zoning.....................GC (General Commercial) Request.........................Right of Way abandonment for 15' on the North and South side of Old State Road 806. Development Proposal............Redevelopment of the existing Shell Service Station. ITEM: IV,B . ITEM BEFORE THE BOARD: The action before the Board to recommend an action regarding the abandonment of a portion of Old Atlantic Avenue (aka McNab Avenue) . The subject roadway is located between Congress Avenue and Atlantic Avenue. BACKGROUND: This roadway was originally a portion of Atlantic Avenue. At the time (unknown) when Atlantic Avenue was realigned this portion of the roadway was left as it provided access to adjacent properties. The roadway has been maintained by the City and the Department of Transportation claims no right of ownership. The right of way exists as 80 feet in width with approximately 21 feet of pavement width centered in the right of way. There are no sidewalks, the drainage is via grass swales. The existing utilities include overhead powerlines, and a 6" watermain. The proposed abandonment would require dedication of a 10 foot wide general utility easement for the existing overhead powerline, the watermain would still be within remaining the right of way. The proposed right of way to be abandoned is 15 feet from the north and the south sides of the existing right of way. However, upon further review by staff and with recommendation by the City Engineer, 17.5 feet of right of way could be abandoned on the north and south sides, leaving a 45 foot right of way. The petitioner for the abandonment is the Shell Oil Company which has a station at the southeast corner of Atlantic Avenue and Congress Avenue. When the intersection was widened in 1987-1988, by the 6 laning of Congress Avenue, the County obtained a portion of the Shell station for intersection modifications by eminent domain proceedings. This led to the station to file suit with the County, the damages they are seeking amount to $559,000 which is to compensate for lost value. By obtaining the additional 17.5 feet as a part of their property they are proposing to proceed with a new station, realignment of the pumps, removal of the service bays and the addition of a car wash. This ability to redevelop the site will make the lawsuit moot. The City has received a letter from Assistant County Attorney, Paul R. Golis, representing the County, in support of the abandonment. P&Z Staff Report Abandonment of a Portion of Old Atlantic Avenue aka McNab Avenue Page 2, ABANDONMENT ANALYSIS: As stated in the background a 17.5 foot abandonment on both sides will result in a 45 foot right-of-way. This does not meet the standard of 60 feet in the LOR's. However, there is no need for turning lanes nor a sidewalk on both sides of the road (none exist at present). The current and project improvement needs can be accommodated in a 45 foot right of way. The most significant item with this abandonment relates to the preparation of the legal descriptions and the tying down of the easements to cover the existing overhead powerlines. There are six properties which are attendant to this abandonment action. The abandoned right of way will initially be conveyed by quit claim deed to each property. Upon development activity on each property, the new land will be incorporated into the adjacent property by replatting. IMPLICATIONS OF THE ABANDONMENT: While there are no immediate demands made on adjacent property owners, the extra land may enable some owners to expand their on-site parking areas. Such expansions may become necessary if illegal and improper use of the right of way for parking purposes continues. With respect to the Shell property, the abandonment will allow redevelopment activity which otherwise would not be able to occur. ASSESSMENT: The abandonment is complete with the exception of obtaining all the adjacent properties joining in on the abandonment petition by providing proper affidavits. All adjacent property owners had consented to the petition but the proper documentation was not provided. The agent for Shell will be providing the affidavits. Upon submittal of the additional affidavits and easements the abandonment can be consumated. ALTERNATIVE ACTIONS: 1- Continue with direction. 2. Recommend approval to City Commission subject to conditions. P&Z Staff Report Abandonment of a Portion of Old Atlantic Avenue aka McNab Avenue Page 3 STAFF RECOMMENDATIONS: By motion, recommend approval, of abandonment of 17.5 feet from each side of the Old Atlantic Avenue right of way up to the access road leading to Atlantic Avenue, to City Commission subject to compliance with the following conditions prior to consumation of the abandonment. 1 . Provision of adjacent property owners affidavits, or separate petitions joining in with petition abandonment. 2 . Provision of general utility easements for the overhead powerlines at each affected property. 3. Provision of individual legal descriptions for each right of way segment which is to be abandoned. ked:150atlpb ~ ~-. C"N(51?.C~S \ '. " '...<~ Au~ ""'~'" ,..., " Y<='o ,,, ,"- "\. .'".:;~- - - - -~ ~ " '- <..-- 1l - -'.' ...- . " . = r '} ~"".. ~ ' , ~, " , 1.-::," -,: R~ ~ ',..:.,..,. "'~ "'" \ '-, ~ "" s::>.:::: ..- ~ \ ~<" ~....",~~ r- ' '" - Q ~ \ \ , ~, ,~- S> \ ~ '." ~ ~~ 'S ':'" ~ "'!;,->.. -.0 '. r- c\ '\<pc,"1' "~"l ,,\,- ' '.,,~ -< c::. '" ~ . '''''' - <"!\ \. '. ~ ~ ~. 11\ <:;. \ ~ ~ E-:<- Z- '" \ \ - ,~ .. ". " ~ ~ \(?' \ , - ~p "'" -'- ?- .c'(? '~ ~ "'>> = "z- '.... <' ~ 'l ~.,; 'Q 2 6 ~ ~~ ("l '. N "" ~ '0" "'" '" ~ 'Z- ". '" - c"f' ~ \;'. r.- c ...,'" ~ '" r:.m // \l' , ~ ~', i:i> - - 'Y1/.. 'L ~ .~ 11' -~ .>;;. "" "'. d" ".' , \141",,<~c,___. ''V - ""'''T -;P, - - = ~ - "02" "'. ... - - - ~ - - - .. "a "'2 ~ o ~''''. \ ~ .. i\'i -< =- f- z- '" t 7" ~ . ~ "~~~ -?" ~ji!:, " · - ~ " . s, ". .on ' n ~, <-'""3> '" ~ L~~ . '''0 o " '_ ".. '" >~&~ '~. c,~" ~< ' -. ~ - ; " " \ '" ......... ~." . "- '" .. < "'. ~.. , ~ ~ ~ z... \ ~ ~ ' ~ ~ - ~ "- L~. lii -~>> ''.,.. '? ""'::.." o' 0 :-.. \ _ , ""'\ ,-,,, ''', . -. ~.'", ",. , / \\ - .' = 1 - ... =:: ;! " .r- ~ \ , \ "'" " - - 0 ... " c _ \ >"". '.<>~~ '\ - -~.". ". , · ~ L ~ . ,_ _ 1 -",. '.>)- -,n.. ,0\., , s - ... , . ," 0 _ _, , . \ \- ~= > '. '".., , n. ~ \ _.. '\ ' '.. '.-, "- >'. '='< '.., .'~ \ ". .. \ ;,..." .;., 0, "'~'" ...,\ . '.:.. , ~ ". . ". ~ " &~ l? , -, 0... · - . c " 4 "'.. . ,.~ . '" , '0,.", ,.... 'P-"" .. 'J o. ., ", '''0" . '. . , " . . ' ~c, '.0 "" " ~. , .. --.... , ".~.- ....."', . . ,";~, ,0: "''''<$ ~..'\: . , ! ~ n'i- ..; '" Q>,'~u JI \\ ,vOO.07IZ"W; -'- , 0::" .." . '0'" _ ~ " ";'. .'. - " · '-,' --fl' ~ _A~... ~ ~~ /'~__.'<"",", ~ ' .. = , '" , " .. / \ /,,8N e " .,. o~"" '" ," \<:. '0'.= ,,_ y 'c'" ,., , "-'> . . ,,, , -- .. '. " ~ . -- - > - · , . l'~ , . ., - .., '" ~'" ,".", ".' .. ~ ,. , " --, . '" . '. ."'1- . , -. . ." ...c-~....z 0_7' ; ~ :-: ' =. . Ir- "--0. _~ _ ' ." ~. '" ~=-:: ~ ~ ~ :1 ':t' -.., ... :;. lA C~{C~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER fJ!^1 SUBJECT: AGENDA ITEM # fL. - MEETING OF JUNE 11 , 1991 RESOLUTION NO, 43-91 DATE: June 7 , 1991 This item is a Resolution assessing costs for abatement action required to demolish an unsafe building on property located at 142 S,W. 11th Avenue, The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $2,035 remains unpaid, Recommend approval of Resolution No, 43-91 assessing costs to demolish an unsafe building on property located at 142 S.W, 11th Avenue. RESOLUTION NO. 43-91 I- I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY I I BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF I ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS I FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON I LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH i ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING I FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST I 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 Buildi~g 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 i Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- I 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 I 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, i pursuant to Chapter 165, of the Code of Ordinances desires to assess the i cost of said'condition against said property owner(s). I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: . . . I I I I Section 1, That assessments in the amount of I as shown by the report of the City Manager of the City of De1ray a copy of which is attached hereto and made a part hereof, are hereby levied against the 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 I of , 1991. I MAY 0 R ATTEST: I I I City Clerk . - 2 - Res, No, 43-91 , . NOTICE OF ASSESSMENT Date TO: M.D. Wilson, et a1 ADDRESS: 3237 20th Avenue Soott\ St. Petersburg, F1 33712 PROPERTY: 142 SW 11th Avenue, 'De1rayBeach, F1 33444 LEGAL DESCRIPTION: Lot 23, Block 6, Atlantic Gardens according to Plat Book 14, Page 63 of the official records of Palm Beach County, Florida 'You. as the record owner of. or holder of an interest in. the above- described property are hereby advised that a cost of $2.035.00 by resolution of the City Commission of the City of De1ray Beach. Florida, dated , 1989, 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 10-31-90 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 initiated 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 th~ unsafe condition existing on the above-described property on 5-22-91 at ,a cost of $2,035.00 which includes a ten'percent (10%) administrative' fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. - . Copy of all notices referred to in this notice are available in the office of the Building Official. BY ORDER OF THE CITY COMMISSION. City Clerk . . ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CI TY MANAGER 8/1 SUBJECT: AGENDA ITEM # ~ - MEETING OF JUNE 11, 1991 RESOLUTION NO. 44-91 DATE: June 7 , 1991 This item is a Resolution assessing costs for abatement action required to remove five junked and/or abandoned vehicles on properties located within the City, The Resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No, 44-91 assessing costs to remove five junked and/or abandoned vehicles from properties located within the City. . RESOLUTION NO, 44-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS- MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN, WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 90 of the Code of Ordinances, removed junked and/or abandoned vehicles owned by persons described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 90 of the Code of Ordinances; and, WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated represent- ative has determined that a nuisance existed in accordance with the standards set forth in Chapter 90 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 90,02 and 90,03 of the Code of Ordinances; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to remove said junked and/or abandoned vehicles, and thus failed to abate the nuis- ance(s) or to properly request a hearing pursuant to Chapter 90 within the time limits prescribed in Chapter 90 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) as required by Chapter 90 of the Code of Ordinances; and, WHEREAS, the City of Delray Beach, through the City Adminis- tration or such agents or contractors hired by the City Administration was therefore required to and did remove said junked and/or abandoned vehicles' owned by persons described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s); and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 90 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; and, WHEREAS, the City Commission of the City of Delray beach, pursuant to Chapter 90 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 a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel (s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in . r . , I Section 3, become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessment 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. Section 4, That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein and 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, Section 6, That at the time the City Clerk sends the certified copy of this resolution for recording, a notice of lien, in the form of prescribed in Section 90,O~ of the Code of Ordinances, shall be mailed to the property owner'. PASSED AND ADOPTED in regular session on this the day of , 1991. MAY 0 R ATTEST: City Clerk . -2- Res. No. 44-91 . ' , , . COST OF ABATING NUISANCES UNDER CHAPTER 90 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION GJNER ASSESSMENT LOT 28, DELRAY MANOR ADD TO AMONCIL GUILLAUME $238.90 DELRAY, PB 12, P 59, PUBLIC W. MITIAL 65.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL. 710 SW 9TH COURT (RECORDING) (710 SW 9TH COURT) DELRAY BEACH, FL 33444 LOT 3, BLK 1, ROSEMONT PARK, MC KINLEY JOHNSON $ 38.90 PB 13, P 60, PUBLIC RECORDS, 719 SW 6TH STREET 65.00 (ADM. COST) PALM BEACH COUNTY, FL. DELRAY BEACH, FL 33444 (RECORD ING) (609 SW 5TH AVENUE) LOT 2, WILLIAMS SUB., PB 24, ARNETTA HAYWOOD $ 38.90 P 180, PUBLIC RECORDS, PALM 325 ROOSEVELT AVENUE 65.00 (ADM. COST) BEACH COUNTY, FL. DELRAY BEACH, FL 33444 ( RECORDING) (236/238 SW 15TH AVENUE) LOT 24, BLK C, RIDGEWOOD TONY PARRISH $ 38.90 HEIGHTS, DELRAY, PB 14, P 44, 591 SOUTH DIXIE HIGHWAY 32.50 (ADM. COST) PUBLIC RECORDS, PALM BEACH DEERFIELD BEACH,FL 33441 (RECORDING) COUNTY, FL. (16631 SW 7TH AVENUE) LOT 24, BLK C, RIDGEWOOD TONY PARRISH $ 38.90 HEIGHTS, DELRAY, PB 14, P 44, 591 SOUTH DIXIE HIGHWAY 32.50 (ADM. COST) PUBLIC RECORDS, PALM BEACH DEERFIELD BEACH,FL 33441 ( RECORDING) COUNTY, FL (16631 SW 7TH AVENUE) VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING WRECKED OR INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEPTIONS. - 3 - Res. No. 44-91 . ~~. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t-M, SUBJECT: AGENDA ITEM # tM - MEETING OF JUNE 11 , 1991 RESOLUTION NO. 45-91 DATE: June 7 , 1991 This item is a Resolution assessing costs for abatement action required to remove nuisances on 30 properties located within the City. The Resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 45-91 assessing costs for abating nuisances on 30 properties located within the City. . // (/ RESOLUTION NO, 45-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT: SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES: PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS: PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS, WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of ,the Code of Ordinances: and, WHEREAS, pursuant to Section 100,20, 100,21 and 100,22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner (s) of the land (s) described in the attached list with written notice of public nuisance pursuant to Sections 100,20, 100,21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100,21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing 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 . Ci ty of De lray 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 :j.n 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 parcells) 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 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 rece i ved 'by the City Clerk within thirty (30 ) days after the mailing da te 0 f the notice of assessment, the Ci ty 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- , 1991. MAY 0 R ATTEST: City Clerk . - 2 - Res. No, 45-91 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT LOT 4, BLK 1, ROSEMONT PARK, WILLIE J. SPELLS JR. $ 18.00 DELRAY, PB 13, P 60, PUBLIC 5311 WOODLAND DRIVE 15.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33484 (RECORDING) (615 SW 5TH AVENUE) LOT 1, BLK 2, LAKE IDA SHORES, 'ROBERT L & BERTHA M. $ 50.00 PB 25, P 54, PUBLIC RECORDS, RICHWAGON (H&W) 70.00 (ADM. COST) PALM BEACH COUNTY, FL 246 NE 17TH STREET ( RECORDING) (LAKE SHORE DRIVE) DELRAY BEACH, FL 33444 LOTS 1 & 2, BLK 1, COLONIAL BETHAL EVANG.CHURCH, INC. $ 88.50 HEIGHTS, PB 25, P 217, PUBLIC CO FRANCK FRANCOIS 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL 704 SOUTH SWINTON AVENUE (RECORDING) (SW 8TH COURT & SW 8TH AVE) DELRAY BEACH, FL 33444 LOTS 19 & 20, BLK 5, SUB. OF RAYMOND & DIANE $ 58.00 BLK 5, PB 23, P 72, PUBLIC MANGICAPRA (H&W) 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL 5300 W. ATLANTIC AVENUE (RECORD ING) (43 & 47 SW 8TH AVENUE) DELRAY BEACH, FL 33445 LOT 16, BLK 3, DELRAY SHORES, LUCKNER TELUSME & DENISE $ 60.00 PB 24, P 233, PUBLIC RECORDS, MONVIL & MICHEL TELUSME 70.00 (ADM. COST) PALM BEACH COUNTY, FL 1 SE DOLPHIN DRIVE ( RECORDING) (633 DOLPHIN DRIVE) DELRAY BEACH, FL 33445 LOTS 23 & 24, BELLVIEW COURT, THOMAS E.ACHESON,JAMES P $ 49.00 PB 11, P 45, PUBLIC RECORDS, COGSWELL & R. C. CREESE 70.00 (ADM~ COST) PALM BEACH COUNTY, FL 114 SW 9TH STREET (RECORDING) (114 SW 9TH STREET) DELRAY BEACH, FL 33444 LOT 8, BLK 3, BELLVIEW MANOR, JOHN A. CUNNINGHAM $ 52.50 PB 24, P 54, PUBLIC RECORDS, 4667-A ORLEANS COURT 70.00 (ADM. COST) PALM BEACH COUNTY, FL W. PALM BEACH, FL 33415 (RECORDING) (12 SW 8TH COURT) LOT 12, BLK 4, NORTHRIDGE, DEBRA CLARK $136.00 PB 23, P 168, PUBLIC RECORDS, 2011 NE 2ND AVENUE 70.00 (ADM. COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING) (2011 NE 2ND AVENUE) -3- Res. No. 45-91 LOT 12, LINCOLN ATLANTIC PARK LOUISE APPLEWHITE $129.00 GARDENS, PB 14, P 63, PUBLIC 147 SW 14TH AVENUE 70.00 (ADM. COST) RECORDS, PALM BEACHCOUNTY,FL DELRAY BEACH, FL 33444 (RECORDING) (145/147 SW 14TH AVENUE) W 1/2 LOT 7, BLK 30, TOWN OF ALBERT MARTIN $ 28.00 DELRAY, PB 1, P 3, PUBLIC MARYLIN S. BARON 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL P.O. BOX 414002 (RECORDING) (SW 5TH AVENUE) MIAMI, FL 33141 LOT 11, BLK 1, ROSEMONT PARK, TOMMY PRESTON $ 40.00 PB 13, P 60, PUBLIC RECORDS, 140 NW 11TH AVENUE 70.00 (ADM. COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 ( RECORDING) (SW 5TH AVENUE) LOT 5, BLK 61, (OLD SCHOOL KENNETH & CHARLOTTE $ 12.00 SQUARE HISTORIC DISTRICT) , DURANTE (H&W) 70.00 (ADM. COST) TOWN OF DELRAY, PB 1, P 3, 2188-D W.ATLANTIC AVE.#B (RECORDING) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33445 COUNTY, FL (15/17 SW 1ST AVENUE) LOT 11, BLK 38, RESUB OF S 1/2 BEULAH HUNTER $ 40.00 OF BLK 38 & N 1/2 OF BLK 39, 248 NW 14TH AVENUE 70.00 (ADM. COST) PB 11, P 34, PUBLIC RECORDS, DELRAY BEACH, FL 33444 (RECORDING) PALM BEACH COUNTY, FL (SW 4TH AVENUE) LOT 22, SUNSET PARK, PB 12, DAVID Z. EUNICE $ 24.00 P 65, PUBLIC RECORDS, PALM 31 MILLER ROAD 70.00 (ADM. COST) BEACH COUNTY, FL LAKE WORTH, FL 33461 (RECORDING) (1010 SUNSET AVENUE) S60' OF N 140' OF W140.6' OF LILLIAN MUNNINGS $ 34.00 BLK 56, TOWN OF DELRAY, PB 20, \303 SW 2ND AVENUE 70.00 (ADM. COST) P 56, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 (RECORDING) BEACH COUNTY, FL (SW 2ND A VENUE) LOTS 3 & 4, BLK 8, DELL PARK, RICHARD A COURT $ 55.00 PB 8, P56, PUBLIC RECORDS, 1012 NE 3RD AVENUE 70.00 (ADM.. COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING) (1012 NE 3RD AVENUE) LOTS 6 & 7, BLK 1, KENMONT, PATRICIA BROWN $117.00 PB 2 0 , P 65, PUBLIC RECORDS, 1201 N. FEDERAL HIGHWAY 70.00 (ADM. COST) PALM BEACH COUNTY" FL DELRAY BEACH, FL 33483 (RECORDING) (1201 N FEDERAL HWY) LOT 22 & NI0'. OF LOT 23, J.L.& MAUREEN H. MAAS $ 24.00 BLK 72, TOWN OF DELRAY, PB 10, (H&W) 70.00 (ADM. COST) P 57, PUBLIC RECORDS, PALM 3825 LONE PINE ROAD (RECORDING) BEACH COUNTY, FL DELRAY BEACH, FL 33445 (338 SE 1ST AVENUE) .-4- Res. No. 45-91 . LOTS 3 TO 5 INC., BLK 8, (DEL GERALD L. KUNZE $ 52.00 IDA PARK HISTORIC DISTRICT) , 252 BARCELONA ROAD 15.00 (ADM. COST) DEL IDA PARK, PB 9, P 52, W~ PALM BEACH, FL 33401 (RECORDING) PUBLIC RECORDS, PALM BEACH COUNTY, FL (503 NE 2ND AVENUE) S53.31' LOT 9, BLK B, SUNNY ARTHUR ALGONIS $130.00 ACRES, PB 21, P 63, PUBLIC 76 NE 6TH AVENUE #106 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33483 (RECORDING) (GERMANTOWN ROAD) E25' LOT 9, & W40' LOT 10, JULIEN & EMILIENNE JEUNE $ 61.00 PLUMOSA PARK SEC. A, PB 23, (H&W) 70.00 (ADM. COST) P 68, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33447- (RECORDING) BEACH COUNTY, FL 0813 (256 NE 14TH STREET) LOT 6, BLK 4, ATLANTIC PARK J. JR. & MARY B. SMITH $ 39.00 GARDENS, PB 14, P 56, PUBLIC (H&W) 35.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL 3616 AVENUE DEGIEN (RECORDING) (221/223 SW 13TH AVENUE) DELRAY BEACH, FL 33445 LOT 7, BLK 4, ATLANTIC PARK J.JR. & MARY B SMITH $ 39.00 GARDENS, PB 14, P 56, PUBLIC (H&W) 35.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL 3616 AVENUE DEGIEN (RECORDING) (SW 13TH AVENUE) DELRAY BEACH, FL 33445 LOT 3, BLK 5, DELRAY BEACH JOHN C. & KATRINA BENSON $ 55.00 HEIGHTS 1ST ADD, PB 25, P 186, (H&W) 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 921 SW 11TH TERRACE (RECORDING) COUNTY, FL DELRAY BEACH, FL 33444 (921 SW 11TH TERRACE) LOTS 6 & 7, BLK 95, LINN'S MANUEL T. MOREDA JR. $ 39.00 ADD TO OSCEOLA PARK, DELRAY, MANUEL E. MOREDA 70.00 (ADM. COST) PB 1, P 133, PUBLIC RECORDS, P.O. BOX 1953 (RECORDING) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447 (223 SE 3RDAVENUE) LOTS 1 & 2, BLK 4, OSCEOLA ROBERTA KINNEL $121.00 PARK, PB 3, P2, PUBLIC CARRIE L. JOHNSON 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL 32 SW 5TH AVENUE (RECORDING) (302 SE 4TH AVENUE) DELRAY BEACH, FL 33444 LOT 27, BLK 1, ATLANTIC PARK BENNIE THOMAS $ 65.00 GARDENS, PB 14, P 56, PUBLIC 1720 1ST STREET NORTH 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL WINTER HAVEN, FL 33881 (RECORDING) (NW 12TH AVENUE) -5- Res. No. 45-91 . N69.5' OF LOT 9, BLK 78, TOWN DOROTHY MAGER $125.00 OF DELRAY, PB 1, P 3, PUBLIC 553 WRIGHT DRIVE 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL LAKE WORTH, FL 33461 (RECORDING) (SE 1ST AVENUE & SE 1ST S!) LOT II/LESS S60', ESQUIRE DAVID C. & FELICE P. $ 50.00 SUB. , PB 23, P 43, PUBLIC LEDBETTER 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL (H&W) (RECORDING) (SW 9TH AVENUE) 760 NW 7TH STREET DELRAY BEACH, FL 33444 VIOLATION IS: SEC. 100.1 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. -6- Res. No. 45-91 ~,~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # ~ 0 - MEETING OF JUNE 11 , 1991 RESOLUTION NO. 48-91 DATE: June 7 , 1991 This is a resolution authorizing staff to apply for grant funding for fiscal year 1991/92 in the amount of $6,250 from the State of Florida Department of Agriculture and Consumer Services, Division of Forestry. This is a 50/50 matching grant program, Our matching portion of funding will be identified during upcoming budget process. The funding will be used to upgrade our nursery to include the construction of a shade house, mist house, fencing and irrigation. In addition, a pamphlet will be created and distributed to City residents explaining the importance of urban trees. Currently, we have a 60' x 60' fenced off area on an empty lot at the cemetery which is used as a holding area for plant materials. There , is an isolated well and pump which provides limited irrigation for this enclosure. Staff is proposing to extend the current location westward to provide complete nursery facilities. Recommend approval of Resolution No, 48-91 authorizing staff to apply for grant funding for fiscal year 1991/92 in the amount of $6,250 from the State of Florida Department of Agriculture and Consumer Services, Division of Forestry. Agenda I tern No.: AGENDA REQUEST Date: May 31, 1991 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: June 11, 1991 Description of agenda item (who, what, where, how much) : Request authorization to apply for "America the Beautiful" grant from the Florida Department of Agriculrurp. Thp grRnt iH R ~O! matching grant in the amount of $12.500 (our <=:h::lr'" ;<=: $f.,?')0) ::Inn T.d'l h", lI<=:pn rn upgrRde our nurHery to includp RiO' X 10' HhRde houHe. a 10' X 30' miHt house. fencing and irrigation. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YESINO Recommendation: Authorize application for grant funds in the amount of $12,500 from Florida Department of Agriculture. Department Head Signature: Determination of Consistency h Comprehensive Plan: City Attorney Reviewl Recommendation (if applicable): Budget D~ector. Review (required on all items involving expenditure of funds): . /.: ~~ ~NO Funding available: Funding alternatives: ql- 'f;h ~ (if applicable) Account No. & Descr~tion' Account Balance: ~ City Manager Review: Approved for agenda: (jy NO zrtJ} Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # - MEETING OF JUNE 11 , 1991 RESOLUTION NO. 48-91 'DATE: June 7, 1991 This is a resolution authorizing staff to apply for grant funding for fiscal year 1991/92 in the amount of $6,250 from the State of Florida Department of Agriculture and Consumer Services, Division of Forestry, This is a 50/50 matching grant program. Our matching portion of funding will be identified during upcoming budget process, The funding will be used to upgrade our nursery to include the construction of a shade house, mist house, fencing and irrigation, In addition, a pamphlet will be created and distributed to City residents explaining the importance of urban trees, Recommend approval of Resolution No, 48-91 authorizing staff to apply for grant funding for fiscal year 1991/92 in the amount of $6,250 from the State of Florida Department of Agriculture and Consumer Services, Division of Forestry. I ~* -hi W~ (1~~ ~. -"':/ ' .' ...z.. !" 'k/ \ " i /1 I I' I 11 '-'.. i' , i \ \~(, I, ~j \ Y< I I ) I ,~ II f ~., '. - ~ , -n-- l , '! '1 l\.' '"( ( i I) Y I' ,k ~ j\....."~ ) ! f ' ~ \f .4.( f' f I C, ..' "- ( \ ) , i /, I .. /\ I " RESOLUTION NO, 48-91 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 and 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 Division of Forestry, 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 Division of Forestry, Section 2, That the City Clerk of the City of Delray Beach is hereby directed to send copies of this Resolution to the Division of Forestry and all other persons as directed by the Mayor and City Commis- sion, PASSED AND ADOPTED in regular session on this the 11th day of June, 1991. MAY 0 R ATTEST: 'I ,I Ii City Clerk . . . - I Florida Department of , Agriculture & Consumer Services The Capitol , _ ~SE RESl'ONo To: non CRAWFORD Tallahassee OIVI~lon of l'ore~(ry COMMISSIONER 32399-0810 3125 Conner rloulevard "rallahsf;i.:cc. Plorida I FM/7237 32399-1650 I I I April 26, 1991 Dear Friend of Urban Forestry: Thank you for your interest in applying for an America The Beautiful Urban and Community Forestry matching grant. A great deal of effort has been taken to mak~ the application process as straightforward and simple as possible. Please be sure to read the entire packet carefully before you begin filling out the Application Form. Included as part of this packet are the following items: l. Guidelines for the Implementation of Florida's America The Beautiful Urban and Community Forestry Program (Attachment A) 2. General Information (Attachment B) 3. Florida America The Beautiful Urban and Community Forestry Grant Application Form (Attachment C) 4. Where to Go For Help (Attachment D) 5. Example Completed Application Packet (Attachment E) 6. Example Resolution (Attachment F) 7, Example Grant Memorandum of Agreement (Attachment G) 8, Example Maintenance Memorandum of Agreement (Attachment H) The deadline for submitting your Application Packet to the Urban Forestry Coordinator is June 28, 1991. You are encouraged to begin work on your application as soon as possible. The Division of Forestry and the Florida Urban Forestry Council are very interested in improving urban and community forestry programs in our state and will gladly assist you in the application process. Good Luck! s~~ Harold K. Mikell - State Forester of Florida ~ khh/v",- Steve Graham, Chair Florida Urban Forestry Council . - (Jj2~(J-l~ - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt~1 SUBJECT: AGENDA ITEM # 1P - MEETING OF JUNE 11 , 1991 RESOLUTION NO. 49-91 DATE: June 7, 1991 This is a resolution authorizing staff to submit a grant application to the County for a pro-rata share of EMS grant funding, Each year the County makes available non-matching grant funds to licensed EMS providers, We are requesting $12,089 in funding for fiscal year 1991/92. These funds will be used to defray the cost of the EMS trailer rental, EMS education, and CPR instruction. The deadline for grant submission is June 14, 1991. Recommend approval of Resolution No, 49-91 authorizing staff to submit a grant application to the County for a pro-rata share of EMS grant funding. Agenda Item No.: AGBRDA RBQOES'l' Date: June 5. 1991 Request to be placed on: X Regular Agenda (Consent) Special Agenda Workshop Agenda When: June 11, 1991 Description of item (who, what I where I how much): This resolution is needed to demonstrate that the Delray Beach Fire and Emergency Medical Seryices Dept. does in fact. represent the Emergency Medical Service intereRtR for the City and that the Pro-Rata fundin~ will be used to meet eRtahliRhed St~tp FMS gn~l~ ~nd ~l1gmpnt ~nd imurove our current EMS system. (Example: '. Request from Atlantic High School for $2,000 to fund project graduation). ORDIHAHCEI RESOLtr.l'l:OH REQUIRED: (!ES)NO Draft Attached~YE~NO Recommendation: Recommend approval - No matchin~ funds reQ.uired. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Head Signature: y~ ~ ,\~ ----, City Attorney Review/ Recommendation (if applicable): N/A .. . Budget Director Review (required on all items involving expenditure of funds): Fund~ng availabl~: YES/ NO ~ (if applicable) Fundl.ng al ternatl. ves : No fundin~ reauired Account No. & Description: Account Balance: City Manager Review: Approved for agenda: ~/ NO t~] Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved - A - - [ITY DF DELRAY BEA[H FIRE DEPARTMENT M E M 0 RAN DUM TO: DAVID T. HARDEN, CITY MANAGER FROM: KERRY B, KOEN, FIRE CHIEF DATE: JUNE 5, 1991 SUBJECT: REQUEST FOR CITY COMMISSION APPROVAL AND RESOLUTION TO ALLOW PARTICIPATION IN THE COUNTY PRO-RATA GRANTS PROGRAM Each year the County E.M.S, Program makes Pro-Rata funds available to licensed E,M,S, Providers, For FY 91-92 the available funds for our local program would be $12,089. To obtain these non-matching funds we must submit a grant application indicating how we would utilize the funds and a supporting resolution from the City Commission, The resolution is needed to demonstrate that the De1ray Beach Fire and Emergency Medical Services Department, in fact, represents the Emergency Medical Service interests for the City, For FY 1991-92 we wish to utilize these funds for the following: E,M,S, trailer rental expenses; and E.M,S, education to include credits for continuing education and CPR instruction, Our grant application must be submitted to the County by June 14, 1991. With this in mind, we request this item be placed on the June 11, 1991 regular City Commission meeting agenda, A copy of the proposed resolution is attached for City Commission action, I/~ \\S. \k - Kerry B. Koen Fire Chief KBK/ckc Attachments cc: Douglas Trawick, Division Chief Douglas Randolph, Grants/Training Coordinator FIRE DEPARTMENT HEADQUARTERS- 101 WEST ATLANTIC AVENUE - DELRAY BEACH, FLORIDA 33444 4071243.7400 - FAX 407/ 2654660 - , RESOLUTION NO. 49-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING A PRO-RATA SHARE OF THE COUNTY EMERGENCY MEDICAL SERVICE SURCHARGE AWARD PROGRAM FUNDS. WHEREAS, the City of Delray Fire and Emergency Medical Services Department represents the Emergency Medical Service interest of the City of Delray Beach~ and, WHEREAS, t~e City of Delray Beach Fire Department is requesting Pro-Rata grant Funding for E,M,S. classroom expenses and E,M,S, Educa- tion to include credits for continuing education and C,P.R, instruction~ and, I WHEREAS, the City of Del~ay Beach Fire Department is eligible to receive funds collected by the Emergency Medical Service Surcharge, pursuant to Florida Statutes, Chapter 401,113 ~ and, WHEREAS, these funds are to be used to expand and improve the City's level of emergency medical care to the citizens of Delray Beach and will enhance the emergency medical service operation~ and, WHEREAS, these funds will be used to fulfill at least one of the State Office of E,M.S, goals and objectives~ and, WHEREAS, these funds are to be spent on equipment not budgeted through the City of Delray Beach and would be unavailable otherwise, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1, That the Mayor of the City of Delray Beach, Florida, is hereby authorized to execute all documents which are necessary to complete the request for a Pro-Rata share of the County Emergency Medical Service Surcharge Award Program Funds. PASSED AND ADOPTED in regular session on this the 11th day of June, 1991, MAY 0 R ATTEST: City Clerk , CPrxO~:'-('(( tlll/9/ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER <OQ SUBJECT: AGENDA ITEM # - MEETING OF JUNE 11 , 1991 ADDENDUM TO THE AGREEMENT BETWEEN THE CITY AND YACHT CLUB OF DELRAY BEACH, INC. DATE: June 7, 1991 At your July 31, 1990 special meeting the Commission entered into an agreement with the Yacht Club of Delray Beach to secure an easement across the Yacht Club's property for the purpose of installing and maintaining a 16-inch water main for fire protection, purposes. A condition of the approved site plan for the Yacht Club required that they extend the exist~ng eight inch watermain, which dead ends at the intersection of MacFarlane Drive and Miramar Dr. As actual construction of this project is uncertain, staff is recommending that the City extend the water line on MacFarlane Drive in order to expedite the installation of the 16-inch water main for fire protection purposes, This action would be tied in with the Subaqueous Crossing project and funded through the Public Utilities Division (Environmental Services) Renewal and Replacement Fund. Recommend approval of an addendum to the agreement between the City and Yacht Club of Delray Beach, Inc, which provides for the extension the existing eight inch watermain along MacFarlane Drive in order to expedite the installation of a 16 inch water main for fire protection purposes, . ADDENDUM NO. 1 TO AGREEMENT This Addendum to the agreement of July 31, 1990, is entered into by and between the City of Delray Beach, Florida, ("City"), and the Yacht Club of Delray Beach, Inc. , ( "Yacht Club" ) on this ____ day of June, 1991. WIT N E SSE T H: WHEREAS, the City and the Yacht Club mutually covenant and agree to amend and modify the agreement entered into on July 31, 1990 in order to provide for the construction of a water distribution line for fire protection purposes. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained, the parties agree as follows: 1.~The recitations referred to above are hereby in- corporated herein. 2. The City of Delray Beach agrees to install a water distribution line across the easterly property line along MacFarlane Drive to supply fire protection to all properties abutting the new water line. This projec't will be funded by the Public Utilities Division Renewal and Replacement Fund to replace and upgrade water lines. 3. All other terms and conditions of the agreement of July 31, 1990 not in conflict with this Addendum shall remain in full force and effect and are incorporated herein. IN WI~ESS WHEREOF, the parties have set their hands the day and year first above written. The Yacht Club of City of Delray Beach Delray Beach, Inc. By: By: Thomas E. Lynch Mayor Attest: Attest~ Approved as to legal form ,- and sufficiency: City Attorney -........ . , 2 " ,- . . .. J'/ /J'" / ..... J /'J /J-t /,., /... Y /,,,'> :(/~. "..' / .' , .. AGREEMENT THIS AGREEM~ is enter~d ~io thif: 31s~~ay of July, THE Y CHT CLUB OF D LRA EACH, NC. ~ 1990 by and between 5ELTAY=-5EA~==~=~~hereinafter referred to as "Yacht Club"), and the CITY OF DELRAY BEACH, a Florida Municipal Corporation in Palm Beach County, State of Florida (hereinafter referred to as "City"): WHEREAS, City is desirous of securing an easement across Yacht Club's property for the purpose of installing and maintaining a 16-inch water main; and WHEREAS, Yacht Club has an existing approved site plan for the construction of certain condominium units, said site plan having been approved on April 25, 1989; and WHEREAS, Yacht Club has submitted final drawings to City's Building Department for review and issuance of building permits; and WHEREAS, Yacht Club does not anticipate that it will begin construction of improvements as set forth in the above- stated site plan and drawing, in the immediate future. NOW, THEREFORE, based on the premises set forth below~ the parties do hereby agree as follows: l. Easement Deed. Subject to the terms and conditions contained in the .Agreement, Yacht CluJ:> will convey upon the execution of this Agreement to City, an Easement Deed for a ten (10) foot wide, fifteen (15) foot in depth utility easement generally running parallel to the north property line over- lapping and abutting the existing five (5 ) foot drainage easements for the entire length of the Delray Beach Yacht Club . '-'~ for the purpose of installing and maintaining ,a sixteen, (16) inch water main. 2. Installation. City will install the subject water line and appurtenances in a generally acceptable manner within the easement dedicated by the Yacht Club. The subaqueous portion of the facilities will be installed below the existing marina basin bottom and appropriate armorment will be installed over the facilities but below the bottom of the basin to protect the facilities against any potential damage due to dredging or other activities within the basin area. The water main and appurtenances will pass either through or under the existing seawall, Such installation will be designed by City in a manner as to protect the interest of Yacht Club and the facilities installed will continue within the dedicated ease- ment until they exit the property adj acent to Miramar Drive. The City will return all existing features to equal to or better than condition prior to the installation of the facilities. In addition, City will require that the installa- tion contractor survey the construction area within the marina basin before and after installation of facilities and will stipulate that the basin be returned to a depth agreed upon by both parties prior to commencement of construction. 3. Indemnification/Insurance. Each party shall be responsible to the other for any and all negligent actions of the party, their assigns, employees or agents. Yacht Club shall be named as an additional insured on all ins~rance policies required by the City from its contractor providing the installation of the 16-inch water main. 4. Maintenance. Ci.ty will maintain the subject water line in a reasonable condition and should City find it necessary to conduct repair activities on the water line within the easement, City will return all disturbed areas to equal to or better than condi tion prior to the action. City further 2 . warrants the installation of the water main under or _ .~hrough the seawall for a period of 20 years from the installation of the water line. Yacht Club may maintain landscaping, drive- ways, and parking areas within the easement and shall be able to modify said improvements from time to time. Yacht Club will not install any. additional structures within the, subject Easement area. Ci ty shall be responsible for replacement and repair of the portion of the seawall lying across the utility and drainage easements referred to in paragraph 1 of this Agree- ment, so long as the water main remains ,in said easement. 5. Independent Reviow. Yacht Club shall submit to City the name and qualification of a eng~neering or construction firm which will provide an independent review of the plans and specifications and installation of the proposed facilities. City and Yacht Club shall mutually agree as to the contents of such plans and specifications prior to the installation project being bid upon. In addition, Yacht Club will provide to City an estimated cost of said services and City will reimburse Yacht Club for expenses connected with the independent review on a monthly basis after receipt of a detailed invoice. 6. Consideration. a. City will ,pay to Yacht Club $1,700. Yacht Club will, upon receipt of said payment, request the installation of "lawn water meters" for the express purpose of conveying water to the dock facilities. City will coordinate Yacht Club's request and facilitate the ~nstallation of said meters. b. Yacht Club's existing site development plan and plat approval, expiring on october 25, 1990, is hereby extended through August 1, 1995. c. Yacht Club shall be charged building permit fees in accordance with the schedule existing as of the date of this Agreement. Yacht Club shall be credited with such payments for building permits they have thus far paid. Yacht Club shall not 3 - have to pay increased building permit fees for any proposed modifications to their previosly submitted plans unless in the ordinary course an - "- additional or increased fee would be assessed; provided, however that in no event shall Yacht Club be charged additional or increased fees for modifications required by the Chief Building Official, to comply with revised life safety regulations in effect at the time permits are actually issued. d. Yacht Club shall be permitted' to record its presently approved plat, but will not be required to bond the subdi vision improvements until such time as building permits are actually issued. e. All fees for water and sewer connection shall be in accordance with the schedule existing as of August 1, 1990, however, no actual payment shall be required until such time as building permits are issued. f. At the time of installation, the City shall dredge the entire area of the boat slip through which the water main line is installed. 7. Notices. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses to: i>e=~a~=Beaeb=='ja~=ei~ The ~t Club of Delray Beach, Inc. 100 MacFarlane Drive I&~ Delray Beach, Florida 33483 City'Martager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 8. Miscellaneous. a. The prevailing party in any litigation arising here under shall be entitled to its reasonable attorneys fees and court costs including appeals if necessary. b. Each part agrees to furnish to the other within 10 days after request such truthful estoppel information as the other may responsibly request. 4 . . . -- _.r1'" c. This Agreement, along with the Easement Deed, constitutes the entire agreement and under- standing of the parties, and supercedes all offers, negotiations, and other agreements. There are no representations or understandings of the parties, and supercedes all offers, negotiations, and other agreements. There are no representations for understandings of any kind not set forth herein. Any amendments to said agreements must be in writing and executed by both parties. IN WITNESS WHEREOF, the parties have accepted, made and executed this Agreement and three ( 3 ) counterparts each constituting an original upon the terms and conditions above stated on the date first set forth above. THE YACHT CLUB OF DELRAY plr BEACH t INC. Jl'~ ~~Y=~H=~H!.l.!==e:aUiJ ::~OF~ By:/Je--~f~~' A. - ~n\as . ynch ," - M yor .:.._ At~"st :~~ ~. ~?~ !'ttest: Wuxm'f()J.c.)1ACf7 ~hfl1y' . APPJO d as to Fo 5 , -' '. ., 2~6, L.3' - '- .J \ r------1 --~--- - " , ". (/) ...J I- ~ :J l- e:( 0 , -l ~I a. I I ":VI :z: I I ,... U.W ~ " wl~ '0: i eOu ('I VI <( .0,.., S 0_ . N "CIO ~I ~O 0 (":) 0'0:::: w lD w ..... ~I w e:( .... 0" -l ~l :--0 ::> .", u !Do ..-.~ -l <( Z ." U N lD 'in It) ! CX) I W: ! ~ , > N \ \D ,.. - \ " fl...... - .~ fr:' .- __r- ,a:l,.- ..: ~I ... ......J- 0 u.VI - '~_. w w - -/X'. a '0: -' <,. 80u ... .C1.._ _ VI. . . 0 CIOIj) . ,\ .. ._. . .-' a ~cn . ~- .N i..>J ,.., , ' . ,~. . w .."" -?; W ~ .- . _L , - Zl +i ..:::. . . wi ..:::: . w<( N :~. ~ ~ lD . ' . . I . ' ..., -,24, 0 I . ..... :' n:: I 0 ..- .. _. -- .-- . , ...., ' . \04:' , , . . 0 .... :'" N" ' , 8l1.... . '<t' . , ,.-...., ~, 0 .... m ON ..... zU lO Zl~ ,....; ..... <{, ~ ~ <( u.! ~ I- >- C) 0 I \D (/) <( <( N <( 3: CL r ,..; r'- 0 o 0:::: I'~ Z U W.....- ~I <( I- ~ w~ u ~ <! 0 . 5/0 f- >g .....0 (J1-l Z wCD - ~.- ~ (; ) ,- .... G.. I '" " 140. 8 ' .. "- ,- N B9'~":,t,5 E \ I , f-JLHNNING 8 Z:N ING BOARD - - , CITY OF DELRAY BEACH --- STAFF REPORT --- MEETING [)=ITE: SEPTEMBER 18, 1989 AGEI'[)=I ITEM: IV. E, 1"~: FINAL PLAT, DELRAY BEACH YACHT CLUB SUBDIVISION ,~. - . '-1 -I/- "" ,....,.. ., . n ii' ~" ~ II!' Cl · " ~., t 'i' \ ~ " ft :... alp ; " -...,.. D" ...... I a). lit I . f- "+ rt ~"..",~ ~. "I ,I". . : ~ . I t t":..- ~ ' .c~t .'j' '..,.. ....:.4 L_~. ~cr i/! I ' .- ~ sf'. t .. ,,' ~ .. "'.A"''''~ S :wtu i.Nso.......I ,~l ~...J ,: i ! · .. ,..""-. 'I:; "A f " T ,::p. c ~ &II I' . I .;..:>" · 'I' .i~.J' JJ"r ~ Ll ~, ., SURd 1'M .ial-:.&.r.l ~O ,;;' f'; I . ;'4 ". Ti --'- ok ~ ..~-:: .....r.i.I:r.r.iiT 1 . ' I ' -. Zl 4_ u~, i ' ~ I I .: I '/ ( L ~ - A.' D .6 - ~ "' ,n.. . rI. '~lIr .'S " ..' -- ,: '1/ .-.. .. '1'. n .cz" 1" ,"- ...' " _ ... I I ;-" ,.70 g, "..... y, c.., I I. - -----:.--.---- I (J I~ . .;;... '-4;1' J -.'" - ... · '.. 0 c... I J ' . , I I.'":" i--, I - iii ""'- , I_+.w '7 . r.. . 0 .' . . '-' ... · · ~..... ..... :.-=-.. ~. -- _... J, i .. QN@ lilt.:..... '41 .,~ H ' " .. I ~ .L~ '., - - 1 0 . I!:.: .~ n oil IS I ". ~. (' ! i.-- ~T. . .:'\; ... ' , 1/ ;!.,; . ~ 1 "] -- ~ ' ., I ~ Il . \:f ~ Its.. I ! I : ; · t. :...-.. - t.!.J .' "I -I). , , ;... . ~ I . . 2 /59 .... '/ I Ii ."'... '<' In~ ~ J 8 L . L!j ... I . 1 ... I.' J ~;;j/,' I GENERAL DATA: OWner.....................,.....Wm. Montfort Helm. President Yacht Club of Delray Beach, Inc. Agent. . . . . . . . . . , . . , . . . . . . . . . . . . . Same as above Location........................Northwest corner of MacFarlane Drive and Ingraham Avenue Property Size...................4.11 Acres City Land Use Plan.~............MF-15 (Multiple Family - 15u/a) City Zoning.....................RM-15 (Multiple-Family Dwelling District) Adjacent zoning.........l.."...North, south and east of the subject property is zoned RM-15. West, across the Intracoastal Waterway, is zoned RM-lO. Existing Land Use...............Private Yacht Club consisting of 53 boat slips, a clubhouse, a snack bar and a pool area with a bath house and two storage buildings, Proposed Land Use,...,;,..,..,..A 12 unit condominium structure in addition to the existing uses. Water Service".,.,..."."....,Requires extension of the existing 8" wa ter main, which ITEM: IV E dead ends at the intersection of ' , MacFarlane Dr. and Miramar Dr. Sewer Service......",.,.,.,....Connection to existing 8" sewer main along MacFarlane Dr, - -- THE ITEM BEFORE THE BOARD The action before the Board is that of certifying the final plat for the Delray Beach Yacht Club. This item requires action by the City Commission after certification by the Board. BACKGROUND, The request follows on the approval of the site plan which was heard by the Planning and Zoning Board on April 17, 1989. As you may recall, the Board recommended approval of the proposal to construct a twelve (i2) unit condominium complex at the site of the Delray Beach Yacht Club. The site plan was approved by the City Commission on April 25, 1989. Subsequent to approval of the site plan, a request for Administrative Relief to allow eight (8) additional compact car spaces south of the condominium building was reviewed by the: Technical Advisory Committee (TAC) at its meeting of August 23, 1989. The TAC recommended approval of the request and the waiver was granted by the City Commission on September 12, 1989. PROJECT DESCRIPTION The project is a two lot subdivision. The boundaries of Lot 1 incorporate the existing yacht club facility, the yacht basin along with sixty-four (64) ,attendant parking spaces, and associated landscaping and accessways. Lot 2 incorporates the Condominium building, 17 parking spaces abutting the east face of the building, 4 parking spaces abutting the south face of the building, and attendant accessways and landscaping. PROJECT ANALYSIS ~ As a ~ondition' of approval of the site plan, platting was required 'because of the proposed separation of ownerships between the Condominium complex and the Yacht Club. The plat, as presented with the separation of the parcel into two lots accommodates Lot 1, remaining with the Delray Beach Yacht Club, a Florida corporation. Lot 2, will be in fee simple ownership of another entity which will then create the condominium structure/organization. To: Planning and Jning Board Re: Final Plat - Delray Beach Yacht Club Page 2 As indicated in the previous staff report, the Condominium and Yacht Club will. have a contractual relationship relative to use of the club facilities, vehicle access and maintenance landscaping. - The final plat is consistent with the site plan in terms of the general layout and use functions of the site. However, the plat now specifically ties down the points of ingress/egress, the location of easements and the location of utilities. During the review, two issl'.es associated with the creation of a separate lot for the Condominium project were raised: - the provision of cross-access parcelsleasements between the two lots. - the creation of a deficiency of parking for the Yacht Club The provision of cross-access easements/parcels: with the points of ingress to the site remaining as existing, the lot boundaries as proposed would restrict use of the northern accessway to the Condominium site and the southern accessway to the Yacht Club. In, addition, no access would be provided to the parking spaces I (for the Yacht Club) abutting MacFarlene Drive and use of the parking spaces immediately abutting the building for the Yacht Club could not occur. This issue was resolved with the creation of two easement/parcels. Parcel "A", which is located within Lot 2, (i.e. the Condominium site) and is dedicated in favor of the owners of Lot 1, for ingress/egress and parking; and Parcel "B", which is located on the Yacht Club site, dedicated in favor of the owners of Lot 1 for the purposes of emergency egress. The creation of a deficiency in the parking for the Yacht Club: With a portion of the parking lot for the Yacht Club located within Lot 2, (off-site) a deficiency in the required parking fpr the Yacht Club was created. The applicant's initial proposal to utilize the creation "Parcel A" to address this situation was unsatisfactory as the parking area technically remained "off-site". In accordance with Code Section 173. 771(D), all off-street park~ng areas are to be located on the same lot or parcel of land- as the principal building or use, except as setforth in Section 173.771 (D)(7)". The provisions for Administrative Relief in accordance with Section 173. 771(D) (7), are not applicable to this project. Recording a Unity of Title which would bind the lots into one building site was proposed by the applicant. Initial concerns with this alternative focussed on the inability to convey, transfer, offer for sale or divide any unit or part' of this development. However, upon review by the City Attorney's office this alternative was found to be acceptable in that the "Unity" applies only to parking matters. To: Planning and--Jning Board-- Re: Final Plat - Delray Beach Yacht Club \ Page 3 Other Issues: - The inability to accommodate the two tiers of standard parking spaces on the south end of the building: Convergence, of the property southward created insufficient lot depth to meet all requirements for parking lot design and maintain the minimum width for landscaping islands. The provision of standard parking stalls resulted in a substandard landscape strip between the abutting parking tiers south of the condominium building. A reduction in the depth of eight (8) parking stalls from 18 feet to 16 feet (i.e. from standard stalls to compact stalls) was requested in accordance with the provisions for Administrative Relief. This request was sUbsequently approved by the City Commi~sion on September 12, 1989. - Readjustment of the proposed water main: During the review of the site plan it was presented that the Ficus hedge straddled the property/right-of-way line. However, as surveys were conducted in the preparation of the final plans: it was found that the hedge lies totally within the right-of-way. This however, created conflicts with the location of the proposed water main. A condition of the site plan approval, required the extension of a 8 inch water main southward along MacFarlene Drive, to connect to the 6 inch main at Ingraham Drive. Initially, the applicant had proposed this main at the west edge of the right-of-way. The selected location placed the water main approximately 2 to 3 feet from the existing mature Ficus hedge. Concerns were raised re the potential for destruction of the hedge during construction and/or subsequent maintenance of the main. Readjustments to the proposed location were recommended. After discussions with the Public Utilities Department, the applicant has indicated that the water main would be relocated approximately 8 feet into the right-of-way, with a distance of 2 feet from the existing edge of pavement for MacFarlene. Revised site improvement plans to reflect this change are required~ ~ . ' - provision of a Utility Easement for the lift station: To accommodate portions of the existing lift station facility which encroaches upon the project site, a utility easement around the lift station was required. The plat has been revised to provide a 5'x 25' utility easement. During the review of 'the site plan certain issues and conditions were raised both by the Planning and Zoning Board and staff which were either attached as conditions of approval or waived by the City Commission. The status of these issues/conditions of approval are highlighted below along with the proposed method of resolution. , To: Planning and _vning Board - Re: Final Plat - Delray Beach Yacht Club page 4 PREVIOUS CONDITIONS OF APPROVAL OF THE SITE AND DEVELOPMENT PLAN A~ the Board may iecall, during the site plan review process the applicant, requested relief from several code requirements, namely: - waiver of the sidewalk along MacFarlene - waiver of additional right-of-way dedications - reduction in the perimeter landscaping requirements - Administrative Relief for the use of compact car spaces. - Administrative Relief for the establishment of a standard parking requirement for a yacht club. The Board unanimously recommended the granting of the waivers which were subsequently approved by the City Commission. I DRAINAGE I During the site plan revi~w the Engineering Department requiredi that drainage facilities be designed in order to retain the first inch on site. The specific condition of approval states: "A conceptual drainage plan is required and these plans must indicate drainage flow, high spots and swale area; in addition, to the drainage calculations." A drainage plan was provided reflecting the conditions of approval. The submittal indicates the provision of "rock" drainage trenches parallel to the easternmost and the westernmost parking areas. Along the eastern perimeter, the proposed rock trench will be located between the edge of pavement of the parking lot and the existing Ficus hedge. The plat also provides for the dedication of a 10 foot drainage easement to cover a proposed City drainage structure which will channel drainage from MacFarlene Drive to the Intracoastal wat7rway: The dFainage solution on site has been accepted by the Eng~neer~ng Department. UTILITIES Extension of the e~isting 8 inch water main southward along MacFarlene Drive to connect to the 6 inch main located on the at Ingraham Drive was made a condition of approval. The revised plans submitted indicate the extension of the 8 inch main in accordance with the condition above. , . . To: Planning and ~oning Board Re: Final Plat - Delray Beach Yacht Club J 'Page 5 For fire protection, two fire hydrants were required to be located within ~he landscape islands 40 and 290 feet from the north property line respectively. Although the spacing between the hydrants nave increased the Fire Department finds the revised location suitable. In addition, the building will be sprinkled, a six inch fire line extending from the proposed eight inch main to the building will be provided. A new item raised by the Fire Department required the installation of a standpipe system with fire hose outlets at each pier. To accommodate this requirement, extension of a four inch main located between the Condominium building and the Club house is recommended. Final location and construction details are to be accommodated with permitting. LANDSCAPING AND OTHER SITE DEVELOPMENT ITEMS The following conditions relating to the landscaping treatment were made apart qf the site plan approval: i. Landscaping noted on the north and south sides of the proposed buildings must not restrict the site distance for vehicles exiting and entering the building. : ii. Revise the landscape plan to note the following changes: all canopy trees must have an overall height of 12 feet, 6 feet of clear trunk and six foot canopy spread. iii. Eliminate the note which states "that the Ficus hedge will be removed" from the landscape plan. The above items have been addressed, however, final spacing of landscaping at the north and south sides of the building so as not to restrict sight distance will be accommodated during construction. Another condition relating to site development required that approval be sought from Waste Management regarding the accessibility of' the dumpster. This condition has been met. OTHER SITE PLANiISSUES: The addition of a parking space along the pier, south of the Condominium building is inappropriate as it creates eleven (11) parking spaces in a row. This is prohibited by Code as 'no more tnan 10 parking spaces in a row without a landscape island is allowed. ASSESSMENT The plat is consistent w~th the approved site plan in terms of the major elements such as building location, points of ingress and egress. The plat addresses all the appropriate conditions of approval. To: Planning and ~oning Board - Re: Final Plat - Delray Beach Yacht Club Page 6 TECHNICAL REVIEW . The applicant has addressed most of the initial staff comments in the revised plat submittal, however, the following outstanding comments need to be addressed. They will be assessed through the building permit review process relative to compliance. 1. Provide a backflow preventer for the fire lines and water meter. 2. Revise the site improvement plan to show readjustment of the water main approximately 8 feet east of the property line. 3. On sheet C5 of 5, paving and drainage detail, revise section B-B to show the total pavement distance of 58 feet. 4. Revise the site plan and the site improvement plan to eliminate one parking space within the parking tier, adjacent to the pier south of the Condominium building. I 5. Provide non-mountable curbing around all landscape islands, : curbing has not been indicated in all locations. ALTERNATIVE ACTIONS 1- Certify the submission as acceptable as a final plat subject to conditions. 2. Continue with direction and concurrence of the applicant. RECOMMENDATION By motion, certify the plat as acceptable as a final plat subject to the following conditions: 1- That priori to the consideration of the final plat by the City Commission theHRS permit for the extension of the eight inch water main along MacFarlene must be obtained. 2. That prior to the issuance of a building permit a recorded copy of the Unity of Title binding the' lots into one for parking purpose,s must be provided to the Building Department. Attachments: Reduced Plat REF/JT* 37:Yacht {~pP.o-oe~- M E M 0 RAN DUM TO: MAYOR.AND CITY COMMISSIONERS FROM: fJJ'CITY MANAGER SUBJECT: AGENDA ITEM # ~ ~ - MEETI NG OF JUNE 11, 1991 NPDES INTERLOCAL AGREEMENT REVISED AGREEMENT AND PAYMENT GUARANTEE DATE: June 7, 1991 Since your approval of this item on May 14, 1991, we have ,re- ceived a revised agreement which requires the City to guarantee to pay $18,500 for the permit application. The estimated total cost is $19,500 to be billed over the course of the project. Payments will be made on a monthly basis from the Stormwater Utility Fund. In the event any governmental entity should subsequently ter- minate the Interlocal Agreement, they would still be obligated to pay a certain fixed portion of the overhead mobilization and administration costs associated with the processing of the NPDES application. The City Attorney has reviewed the revised agreement language and finds it acceptable. Recommend approval of the revised NPDES Interloca1 agreement and guarantee payment of $18,500 from the Stormwater Utility Fund. - DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: DAVID T. HARDEN CITY MANAGER SUSAN RUBY ASST. CITY ATTORNEY II THRU: WILLIAM H. GREENWOOD DIRECTOR OF ENVIRONMENTAL SERVICES FROM: ROBERT B. TAYLOR, P.E. ~6' DEPUTY DIRECTOR OF ENVIRONMENTAL SERVICES/PUBLIC WORKS DATE: MAY 30, 1991 SUBJECT: NPDES INTERLOCAL AGREEMENT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - On May 14, 1991 the City Commission authorized staff to submit a joint application through the Northern Palm Beach County Water Control District (NPBCWCD) to the U.S. Environmental Protection Agency. Previously, the City Attorney's office has reviewed a draft interlocal agreement regarding this joint application. I have enclosed a copy of the final inter local agreement, the letter transmitting that agreement, and a letter and exhibit from Mock, Roos and Associates, Inc. regarding services to be provided by the lead and co-applicants. This exhibit should be attached to the agreement before it is approved. Through this agreement and exhibit the City of Delray Beach would guarantee to pay $ 18,500.00 to the lead applicant for baseline services. This is to guarantee that remaining co-applicants would not be financially affected by the withdrawal of any other co-applicants. The total amount the City of Delray Beach would owe the lead for services would be $ 19,500.00, to be billed over the course of the project. Please review this information and give me any comments you have have. I have duplicate originals of the agreement to be signed -if all is in order. The signed agreements should be returned to NPBCWCD by June 17, 1991. If you have any questions or comment please,call Ext. 7322. RBT:kt cc: RTDHSR.KT - 91-77 (D) Interoffice Memos to David T. Harden, City Manager Interoffice Memos to Susan Ruby, Asst. City Attorney II Enclosure -. r M : _ MOCK. ROOS &. ASSOCIATES. INC. R j;.."..t1.~.~.~.. ENGINEERS · SURVEYORS · PLANNERS A~' 1 "'. , " r. ,~ . I"'''~ n~~..~~;...~:~~~ 5720 CORPORATE WAY- WEST PALM BEACH, FLA, 33407 · TELEPHONE (407) 683-3113 May 23t 1991 Mr, Rob Taylor City of Delray Beach 100 N.W, 1st Avenue Delray Beacht FL 33444-2698 SUBJECf: EXHIBIT "A" - Northern Palm Beach County Water Control District NPDES INTERLqCAL AGREEMENT (Our Ref..No, 31.36)' Dear Mr. Taylor: Attached is a copy of EXHIBIT "A" containing the estimated cost of lead services for Part 1 of the NPDES permit application, The cost estimated is based on the responsibilities of the Lead and Co-Applicants as shown on EXHIBIT "A" and as discussed in our scoping' meeting this week. If your governmental entity wishes to enter into the Northern Palm Beach County Water Control District NPDES Interlocal Agreementt the aforementioned EXHIBIT "A" should be attached to the Interlocal Agreement dated May 16t 1991 on Page 13 of the Interlocal Agreement. On Page 8 of the Interlocal Agreement, the amount of the guarantee by your governmental entity is the sum of items B4 and E on EXHIBIT "A". Just as a reminder - the deadline of June 17t 1991 has been chosen as the date by which each municipality or independent special district has to decide whether to go forward with entering into the Interlocal Agreement with Northern Palm Beach County Water Control District. Please submit the Interlocal Agreement on or before June 17t 1991 to Peter L. Pimentel at Northern Palm Beach County Water Control District, 357 Hiatt Drive, Palm Beach Gardenst FL 33418. 01" ,C Lf)Should 'you have any questions regarding the above enclosures and cost estimatest plea~cor:ttct me at Mockt Roos & Associates, 683-3113t Extension 231. L M IJ . ~ .~ Yours trulYt ... ~.... L' ~ ,5 Mockt Roos & Associates, Inc, as =~ ~ 'J Engineer for Northern Palm Beach County ~} , x:l: Water Control District 2"~ en C,,j ADW:nz CITY OF DELRAY BEACH PART 1 OF THE NPDES PERMIT APPLICATION EXHIBIT A ASSESS EXISTING CONDITIONS EST. COST .OPE RESPONSIBILITIES END OF LEAD iTEM TASK DESCRIPTION LEAD CO-APP DATE SERVICES -------------------------------------------~------------------------------------------------ A. Lega 1 1. Ident ifyJuri sdi ct ions P 7/1/91 $0 2. Municipal Ordinances P 9/1/91 3. Sources of Authority P 9/1/91 4. Schedule/Commitment to Seek Additional Authority P 8/15/91 B1. Environmental 1. Topo/Drainage Boundary Map P 8/15/91 $500 Source 2. Outfall Systems P 8/15/91 Ident. 3. Drainare Areas P 8/15/91 4. Contro s P 8/15/91 5. Location Landfills/Industries/ Open Areas P 8/15/91 6. Land Use Maps and Population Projections P 8/15/91 7. Soil/Runoff Characterization P 9/1/91 8. Existing NPDES Permits P 9/1/91 9. Inventory Mapping/Uniform Computerized System C P 10/1/91 B2. Environmental 1. Rainfall Data P 8/1/91 $0 Discharge 2. Runoff Volume and Quality P 10/1/91 Characteristics 3. Receiving Water Bodies/Impacts P 12/1/91 (Hydrology) B3 r:"'1vironmental 1. Dry Weather Field Visits/ scharge Sampling C P 11/1/91 $500 "haracteristics (Screen Illicit Connections) (Sampling) B4. Environmental 1. Locate Outfalls with Illicit Discharge Connections P 2/1/92 $6,500 Characteristics 2. Locate Outfalls for Part 2 (Planning) Sampling P 3/1/92 3. Develop Wet Sampling Plan for Part 2 P 4/1/92 C. Existing 1. Source Control Pro~ram P 1/1/92 $0 Management 2. Programs for Illiclt Connections P 1/1/92 Programs D. Financial L Budget for Existing Programs P 1/1/92 $0 2. Resources for Part 2 P 5/1/92 E. Application 1. Mobilization of Participants P 6/15/91 $12,000 2. Liason with Participants P 4/1/92 3. Coordination with EPA C C 6/1/91 4. Organize and Collate Information C P 4/1/92 5. Prepare Application P 5/15/92 a. Maps b. Assemble Reports c. . Formatting and Editing d. Final Re~ort e. Submitta -------- C-Lvvrdinator P-Provider TOTAL $19,500 22-MAY-1991 I.AW OF"F"ICES CALDWELL & PACETTI MANLEY P. CALDWELL, .JR. 324 ROYAl. PAI.M WAY MANLEY P. CALDWELL KENNETH W. EDWARDS PAL~ BEACH. FLORIDA 33480-4.'352 (1901-19711 e. ALLEN HEEKE, .JR. - ROBERT C. SALISBURY MADISON F'. PACETTI TEI.EPHONE (407) El55-0620 (1929-19891 CHARLES F'. SCHOECH - MARY M. VIATOR PLEASE REPLY TO P.O. BOX 2775 - PALM BEACH, F'L. 33480.2775 OF' COU NSEL ARTHUR E. BARROW TELECOPIER 14071655-3775 May 16, 1991 TO: Potential Governmental Applicants for NPDES Permit Re: NPDES Interlocal Agreement Dear Addressee: As you may be aware from the several meetings that have been held at Northern Palm Be ach County Water Control District, a number of municipalities and independent special districts have expressed an interest in entering into a joint application to the Federal Environmental Protection Agency for the National Pollutant Discharge Elimination System (NPDES) Pe rm i t which is now being required of designated municipalities and independent special districts within the county in order to address storm- water discharges into waters of the United states. Based upon the aforementioned expressed interest, an Interlocal Agreement appointing Northern Palm Beach County Water Control District as the "LEAD APPLICANT" and other municipalities and independent special districts as "CO-APPLICANTS" was previously prepared and circulated among the municipalities and independ- ent special districts. Since the date of circulation of the proposed Interlocal Agreement, several o.f the municipalities have suggested certain modifications to the Agreement and these modifications have now been incorporated into the proposed Agreement. If you were in attendance at the last meeting held at Northern 'palm Beach County Water Control District on Thursday, Ma y. 9, 1991, you are probably awafre that a deadline of June 17, 1991, has been chosen as the date by which each municipality or inde- pendent special district ha.~ to decide whether to go forward wi th. e~tering . int~ the aforem~ttt~,",I:9~frlocal Agreement for the JOlnt appllcatlon. . . '. . . If your governmental entity~iJiBeWV t~ kwt.K into the aforemen- tioned Interlocal Agreement,. .1. a~. .~nclosing, herewith, the following documents wi th ext;5i-alfl\iti~rot1'HJj~NOtllt\lG 1. A marked copy of the proposed Interlocal Agreement showing where modifications to the previously circulated Agree- ment have been made. Briefly, the changes are as follows: Page 5. Section 3.02(a)(i). The underlined words were added to the Agreement. Page 8. Section 5.02(a)(ii}. This is an entirely new subsection which was prepared in order to address the re- allocation of cost problem that would arise if a governmental ent i ty should sign the agreement but subsequently dec ide to terminate. In effect, this new section will require any governmental entity that signs the Agreement, to guarantee and obligate itself to pay a certain fixed portion of the overhead mobilization. and administration costs that will be included in Line Items B 4 and E of Exhibit "A" to each governmental entity's Agreement, even if that governmental entity should subsequently terminate the Interlocal Agreement. If you should have any questions regarding the figure that will be incorpo- rated into this paragraph for your governmental ent i ty, you should contact either Tracy Bennett or Alan Wertepny at Hock, Roos & Associates, Inc., phone number: 683-3113. Page 8. Section 5.02(a} (iii). This is simply a re- numbering of this paragraph. Page 9. The first change occurs in the title to Sec- tion 7. The letter "S" has been deleted from the word OPTIONS. Page 9. Section 7.01. This section has been revised. The Agreement as now drafted, permi ts any enti ty to terminate this Agreement following the giving of thirty (30) days prior written notice to the other party. The prior draft of the Agreement set forth five (5) options to terminate and it was decided that rather than to attempt to identify certain times when a party may terminate, it would be better to allow anyone to terminate at any time, provided notice is given. Page 10. Section 7.02. This section has been re- numbered and new language incorporated into this section. The purpose of the modification was to ensure that upon the other party's receipt of a termination notice, .that the recipient will cease doing any further work that would obligate the terminating party to-pay any additional monies. Page 10. Section 7.03. This is simply a renumbering. Page 11. Section 8.04. This section in the prior Agreement dealt' with a prohibition against recording of the Agreement and a number of entities we.re concerned that this prohibition would violate the requirement of Chapter 163, Florida Statutes, which requires that all Interlocal Agreements -2- CALDWELL & PACETTI be filed with the Clerk of the Court prior to becoming effec- tive. In order to avoid any confusion between the requirement of "filing" versus "recording", the prohibition against record- ing was deleted. In lieu of the aforementioned language prohibiting recording, new language using the same section number was incorporated. The new language allows any and all tasks assumed by a governmental entity to be assigned to another entity, but the obligation to pay under the terms of this Agreement may not be assigned. Page 13. The term "Secretary" has been deleted from the attestation line for the CO-APPLICANT since several govern- mental entities have individuals other than a Secretary attest to their agreements. 2. Two ( 2 ) unlined duplicate originals of the Interlocal Agreement. The reason for submitting two duplicate originals is that so each party to the Agreement will have one duplicate original if or when the Agreement is signed. As a word of caution, you should be aware that this document can not be finalized until such time as your governmental entity has met with either Alan Wertepny or Tracy Bennett of f.10c k , Roos & Associates to finalize the assignment of tasks and costs of Lead services which need to be filled in on Exhibit "A" to the Agreement. The Exhibits "A" and "B" attached to the enclosures, are examples only and if you intend to submit these documents to your governing body prior to finalizing allocation of tasks and the amounts required to be paid, your governing body should be so informed. Naturally, if you should have any questions reg ard i ng the above or the enclosures, please feel free to contact Mr. Bennet t, Mr. Wertepny or myself. Very truly yours, KWE/mac Enclosures -3- CALDWELL & PACETTI . . , INTERLOCAL AGREEMENT This Agreement shall be effective as of the day of , 1991, and is be i ng entered into by and between NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT, 357 Hiatt Drive, Palm Beach Gardens, Florida 33418, (hereinafter referred to as the "LEAD APPLICANT") and the: (hereinafter referred to as the "CO-APPLICANT"). W .!. ! !! ~ S ~ E T !!: WHEREAS, the United States Federal Government has deter- mined that water quality problems in urbanized watersheds are a major environmental concern nationwide; and WHEREAS, the Federal Water Quali ty Act of.1987 amended the Federal Clean Water Act with said amendment requiring the united States Environmental Protection Agency (hereinafter referred to as "EPA" ) to develop regulations to implement the National Pollutant Discharge Elimination System (hereinafter referred to as "NPDES") Pe rm i t Program to address stormwater discharges to waters of the united States; and WHEREAS the EPA, in November of 1990, published the final regulations for implementation of the aforementioned NPDES Permit Program; and WHEREAS, said NPDES regulations mandate that the County of Palm Beach, all municipalities contained therein, and specified Special Water Control Districts submit an NPDES perm i t applica- tion to the EPA; and NHEREAS, while said NPDES permit application may be submit- ted and permits issued on an individual basis, the EPA has determined that due to the number of governmental entities contained within the geogr.aphical boundary of Palm Beach County, Florida, that such an individual application approach would be administratively burdensome; and WHEREAS, the EPA has authorized applicants located within the geographical boundaries of Palm Beach County, to designate a governmental entity as a lead applicant with other governmental entities as co-ap~licants; and WHEREAS, the parties to this Agreement have determined that said proposal of EP1\ authorizing the designation of a lead applicant and co-applicants for filing the NPDESpermit applica~ tion is in the best interest of the parties hereto in that this will: (1) Assist all parties in complying with the application deadlines of May 18, 1992, for Part 1 of the NPDES Pe rm it Application and May 17, 1993, for Part 2 of the NPDES Permit Application, ( 2 ) Ensure consistency, and ( 3 ) . Assure the most efficient and cost-saving mechanism for compliance with the NPDES Permit Application process; and WHEREAS, the parties hereto are authorized pursuant to Chapter l63, Part 1 of Florida Statutes, to enter into this Interlocal Agreement. -2- NOW, THEREFORE, in accordanc.e with Chapter 163, Part 1, Florida Statutes, the undersigned parties, for and in considera- tion of the mutual benefits set forth herein, do he re by enter into this Interlocal Agreement and represent, covenant and agree with each other as follows: SECTION ONE REPRESENTATIONS 1.0l. The facts, statements and recitals as set forth here- inabove are true and ~orrect and are incorporated herein by this reference. SECTION TWO DESIGNATION OF APPLICANTS 2.01. NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT shall be designated the LEAD APPLICANT for the purposes of this Agreement and the NPDES Permit Application. 2.02. The shall be designated the CO-APPLICANT for the purposes of this Agree- ment and the NPDES Permit Application. SECTION THREE SCOPE OF. WORK, ALLOCATION OF RESPONSIBILITIES AND TIMES FOR TASK COMPLETION 3.01. Scope of Work: The scope of. work contemplated under this Agreement as 'to the preparation and submission pf Parts 1 and 2 of the NPDES Permit Application is as follows: -3- (a) Part 1 of NPDES Application: ( i) Assessment of the existing legal authority to control the discharge of pollutants into stormwater systems. ( i i) Source identification which must include a drainage system inventory and mapping of existing facilities. (iii)Discharge characterization associated with collection of rainfall data, runoff volumes, water quality of discharges and dry weather sampling for illicit connections. ( i v) Description of existing stormwater manage- ment programs. ( v) Development of a wet weather sampling pro- gram for the Part 2 application. (vi) Identification of financial resources available to complete Part 2. (b) Part 2 of NPDES Application: (i) Demonstration of adequate legal authority to control discharges. ( i i) Characterization of data acquisition and an analysis program for wet weather sampling sites, an estimate of the annual pollution loadings into receiving waters and a continuous water quality monitoring program for the next five' years. ( li i ) Proposed management programs to red uce pollutant loadings and to monitor compliance. ( i v) Assessment of management programs effec- tiveness. -4- (v) Financial resources and funding to support the program. 3.02. Allocation of Responsibilities: (a) Definitions. The following terms as used in this Agreement or in exhibits hereto shall have the meanings as set forth below: (i) Coordinator. The Coordinator shall be primarily responsible for identifying the type and extent of information and/or data required to carry out a particular task, together with assimilating said data into the NPDES Application following review and approval by the Provider. ( i i) Provider. The Provider shall be primarily responsible for gathering, collecting and delivering to the Coordinator the data and information required in order to carry out a particular task. 3.03. Allocation of Responsibility: (a) Part 1 of NPDES Permit Application: (1) The LEAD APPLICANT shall be responsible for those tasks as are identified in Exhibit "A" which is attached hereto and made a part hereof. ( i 1) The CO-APPLICANT shall be responsible for those tasks as are identified in Exhibit "A" which is attached hereto and made a part hereof. (b) Part 2 of NPDES Permit Application: ( i ) The LEAD APPLICANT shall be responsible for those tasks identified in Exhibit "BIl which is attached hereto and incorporated herein. -5- ( i i ) The CO-APPLICANT shall be responsible for those tasks identified in Exhibit "B" which is attached hereto and incorporated herein. 3.04. EPA Negotiations. As the parties are aware, follow- ing the filing of the aforementioned NPDES Pe rm i t Applications, each party will be required to negotiate an agreement with EPA in order to develop site-specific stormwater management pro- grams. Since the outcome of said negotiations will create a legally binding obligation on said party, it is agreed that each party shall be independently and solely responsible for said negotiations with the EPA. 3.05. 'rime Period for Conclusion of Tasks. Due to the limited time period that is available to the parties to prepare and submit Parts 1 and 2 of the NPDES Permit Application, the parties agree that the duties and tasks as assigned to them as set forth above must be concluded in an orderly fashion and that the deadlines for completion shall be deemed material for the purposes of this Agreement. Said time periods shall be as set forth in the column titled ."End Date" of attached Exhibits "A" and "B". SECTION FOUR ENFORCEMENT AND/OR VIOLATIONS OF EPA PERMIT 4.0l. Enforcement. The designation of any party to this Agreement as the LEAD APPLICANT is not intended nor shall it be construed as authorizing, granting or permitting the LEAD APPLICANT to accept or assume any powers of enforcement of said -6- permit as to the other party. 4.02. Violations. That in the event any party to this Agreement should violate said party's individually negotiated permit or agreement with the EPA, then in that event said party shall be solely responsible for any and all attorney's fees, costs, fines, penalties or corrective measures that it incurs or has imposed upon it by the EPA or such other governmental entity that is authorized to impose same. SECTION FIVE ALLOCATION OF COSTS AND EXPENSES 5.0l. The LEAD APPLICANT and CO-APPLICANT recognize and agree that the costs and expenses that each party hereto will incur in carrying out the duties and responsibilities that each has assumed as hereinabove set forth, are not subject to exact determination at the time of the execution of this Agreement and that said costs and expenses are merely "best estimates" and subject to modification if agreed to in writing by and between the parties hereto. 5.02. That based upon the "best estimates" available to the parties at the time of the execution of this Agreement, it is agreed as follows: {a} Part 1 - NPDES Permit Application: (i) The CO-APPLICANT shall pay to the LEAD APPLICANT for those duties and responsibilities assumed by the LEAD APPLICANT that sum of U. S. Dollars as is enumerated in attached Exhibit "A" and described and identified in the column -,1- set forth in said exhibit titled: "Estimated Cost of Lead Services". ( i i ) That of the amounts required to be paid by the CO-APPLICANT as set forth on attached Exhibit "A", the CO-APPLICANT does hereby acknowledge and ag re e that in the event the CO-APPLICANT should decide to terminate this Agreement as is hereinafter provided, said CO-APPLICANT shall still be required to pay to the LEAD APPLICANT the sum of $ which represents the LEAD APPLICANT's fixed overhead mobilization and administration costs which are included in Line Items B 4 and E of attached Exhibit "A". (iii) That except for such amounts as are required to be paid by the CO-APPLICANT to the LEAD APPLICANT as identified above, the CO-APPLICANT shall be responsible for all other costs and expenses incurred by it in the preparation and filing of the Part 1 NPDES Permit Application. (b) Part 2 - NPDES Permit Application: In that until such time as the data required for preparation of the Part 1 NPDES Application is collected and processed, the parties here to cannot determine the estimated costs and expenses that will be incurred in carrying out the duties, tasks and responsibilities assumed by each of the par- ties hereto, as identified in attached Exhibit "B". Therefore, it is agreed that such amounts required to be paid by the CO-APPLICANT to the LEAD APPLICANT for Part 2 shall be deter- mined by the parties hereto following further negotiation and finalization of said amounts by a separate written instrument. -8- SECTION SIX PAYMENT PROCEDURE 6.0l. The LEAD APPLICANT shall submit monthly invoices to the CO-APPLICANT for such costs and expenses as are incurred by the LEAD APPLICANT in carrying out the duties and responsibili- ties the LEAD APPLICANT has assumed as set forth hereinabove. 6.02. The aforementioned monthly invoices shall be sub- mitted by the LEAD APPLICANT to the CO-APPLICANT on the 15th day of each month following the effective date of this Agreement and the CO-APPLICANT shall promptly process said invoice in order to authorize and pay said invoice within thirty (30 ) days from receipt of said invoice. 6.03. That unless otherwise agreed to in writing by and between the parties hereto, if said invoice is not paid in full by the aforementioned due date, then in that event the duties and responsibilities assumed by the LEAD APPLICANT under the terms of this Agreement may, following five ( 5 ) days notice, be suspended and/or terminated by the LEAD APPLICANT at its sole discretion. SECTION SEVEN OPTION TO TERMINATE 7.01. Either party to this Agreement shall have the right to terminate this Agreement, provided, however, that the party wishing to terminate.the Agreement must provide thirty (30 ) days prior written notice to the other party of said terminating party's decision to terminate this Agreement. Said termination -9- shall not be effective until said thirty days have elapsed.' 7.02. Irrespective of either party's election to terminate this Agreement under the aforementioned optional provisions or in the event of a failure to pay by the CO-APPLICANT to the LEAD APPLICANT of the amounts due under the terms of this Agreement, any costs and expenses incurred or obligated to be paid by the LEAD APPLICANT under the terms of this Agreement for the benefit of the CO-APPLICANT at the time of receipt of the notice of termination shall still be due" and owing and the right to collect said amounts shall survive the termination of this Agreemen t. 7.03. In the event this Agreement is cancelled or termi- nated, all documentation and data previously collected by the LEAD APPLICANT in accordance with its duties and responsibili- ties as assumed herein, shall be made available to the CO- APPLICANT, provided, however, that said CO-APPLICANT shall be responsible for the costs incurred in duplicating said data. SECTION EIGHT MrSCELLANEOUS PROVISIONS 8.01. . All notices, requests, consents and other communica- tions required or permitted under this Agreement shall be in writing ( including telex, facsimile or telegraphic communica- tion) and shall be (as elected by the person giving such notice) hand delivered by prepaid express overnight courier or messenger service, te1ecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid) , return -10- receipt requested, to the following addresses: As to LEAD APPLICANT: NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT 357 Hiatt Drive Palm Beach Gardens, FL 33418 Attn: Peter L. Pimentel Executive Director Phone (407) 624-7830 Fax (407) 624-7839 With a copy to: Kenneth W. Edwards, Esquire Caldwell & Pacetti 324 Royal Palm Way, 3rd Floor Palm Beach, FL 33480 Phone (407) 655-0620 Fax (407) 655...;3775 As to CO-APPLICANT: Phone ( ) Fax ( ) With a copy to: Phone ( ) Fax ( ) 8.02. Entire Agreement. This Agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof. 8.03. Binding Effect. All of the terms and provisions of this agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors and permitted assigns. 8.04. Assignability. The responsibility for carrying -11- out any task assumed by any party to this Agreement, bu.t not the obligation to pay the amounts required to be paid as here.inabove set fort'h, may be assigned by any party to this Agreement. 8.05. Severability. If any part of this Agreement is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. 8.06. Governing Law and Ve nue . This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida without regard to any contrary conflicts of laws principle. Venue of all proceedings in connection herewith shall be exclusively in Palm Beach County, Florida, and each party hereby waives whatever their respective rights may have been in the selection of venue. 8.07. Time of the Essence. Time is of the essence with respect to this Agreement. 8.08. Headings. The headings contained in this Agree- ment are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 8.09. Rights of Remedies. The failure of any party to insist on a strict performance of any of the terms and condi- -12- , . . ' . tions hereof shall be deemed a waiver of the rights of remedies that the party may have regarding that specific instance only, and shall not be deemed a waiver of any subsequent breach or default in any terms and conditions. 8.10. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together. shall constitute one and the same instrument. IN the parties have their ( WITNESS WHEREOF, set hands and seals the day and year hereinafter written. EXECUTED BY LEAD APPLICANT this day of , 1991. ATTEST: Peter L. Pimentel, Secretary NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT By: William L. Kerslake, President EXECUTED BY CO-APPLICANT this day of , 1991. ATTEST: By: 4464E 5/16/91 -13- . . . . . PART '1 OF THE NPDES PERMIT APPLICATION EXlII B IT A ASSESS EXISTING CONDITIONS . EST. COST SCOPE RESPONSIBILITIES END OF LEAD ITEM TASK DESCRIPTION LEAD CO-APP DATE SERVICES ------------------------------------------------------------------------------------------ A. Legal 1. Identify Jurisdictions C P 7/1/91 2. Municipal Ordinances C P 9/1/91 3. Sources of Authority C P 9/1/91 4. Schedule/Commitment to Seek Additional Authority C P 8/15/91 Bl. Environmental 1. Topo/Drainage Boundary Map P 8/15/91 . Source 2. Outfall Systems P 8/15/91 Ident. 3. Drainaye Areas P 8/15/91 4. Contro s P 8/15/91 5. Location landfills/Industries/ Open Areas . P 8/15/91 6. land Use Maps and Population pro~ections P 8/15/91 7. Soi /Runoff Characterization P 9/1/91 8. Existing NPDES Permits C P . 9/1/91 9. Inventory MapPin{/Uniform Computerized Sys em P 10/1/91 B2. Environmental 1. Rainfall Data P 8/1/91 Discharge 2. Runoff Volume and ~uality P 10/1/91 Characteristics 3. Receiving Water Bo ies/Impacts P 12/1/91 (Hydrology) B3. Environmental 1. Dry. Weather Field Visits/ Discharge Sampling C P 11/1/91 Characteristics (Screen Illicit Connections) (Sampling) 84. Environmental 1. locate Outfalls with Illicit Discharge Connections C P 2/1/92 Characteristics 2. locate Outfalls for Part 2 (Planning) Sampli ng P 3/1/92 3. Develop Wet Sampling Plan for Part 2 P 4/1/92 C. Existing 1. Source Control Pro9ram C P 1/1/92 Management 2. Programs for Illiclt Connections C P 1/1/92 Programs D. Financial 1. Budget for Existing Programs C P 1/1/92 2. Resources for Part 2 C P 5/1/92 E. Application 1. Mobilization of Participants P 6/15/91 2. liason with Partici~ants p. 4/1/92 3. Coordination with E A C 6/1/91 4. Organize and Collate Information C P 4/1/92 5. 'Prepare Application P 5/15/92 a. Maps b. Assemble Reports Ei A yY1~(e c. Formatting and Editing 1=(") r-~ d. Final Refort -". <.:...... e. Submitta C-Coordinator P-Provider 0/1//'1 08-MAY-1991 , __n_ " - ~. . PART 2 OF THE NPDES PERMIT APPLICATION . EXHIBIT B DEVELOP MANAGEMENT PROGRAM .EST. COST .OPE RESPONSIBILITIES END OF LEAD ITEM TASK DESCRIPTION LEAD CO-APP DATE SERVICES --------------------------------------------------------------------------------------------- (TO BE COMPLETED A. Legal l. Ordinance Preparation PER Illicit Discharges Control AGREEMENT) Spill s C P 2/1/93 2. Inter-a~ency Agreements P 2/1/93 3. Inspectlon/Surveillance/ Monitoring C P 2/1/93 B1. Environmental 1. Wet Weather Discharge (Sampling) Characterization P 10/1/92 82. Environmental l. Pollutant Loads P 1/1/93 Planning 2. Monitoring Plan (5-Year) P 3/1/93 c. Proposed 1. Source Controls/Removals P 4/1/93 Management 2. Program for Illicit Connections C P 4/1/93 Programs 3. Program for Industrial and Construction Site C P 4/1/93 4. Staff' and Equipment C P 4/15/93 5. Pollutant Reduction P 4/15/93 6. Groundwater Impact P 4/15/93 7. Remedial Capital Improvement Plan C P 4/15/93 D. rinancial l. Needs P 5/1/93 2. Sour.ces of Funds C P 5/1/93 E. Application l. Liaison Among Participants P 3/1/93 2. Coordination with EPA C 9/1/92 3. Organize and Collate Information C P 4/1/93 4. Prepare Application P 5/15/93 a. Maps b. Assemble Reports c. Formatting and Editing d. Final Re~ort e. Submitta C:.Coordinator P-Provider F 0 lC.- E XA rVlpl~ 0/1/1.. Y 08-MAY-1991 [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 310S.F.lstSTREET,SUITE4. DELRAYBEACH,r.LORIDA334R3 407/243-7090. TELFCOPIER 407/278-4755 MEMORANDUM DATE: June 7, 1991 TO: City Commission f FROM: Jeffrey S. Kurtz, City Attorney I SUBJECT: Settlement of EEOC Claim The City has received an offer through Marty Ritchason' s attorney G. Cornell Ware that she would dismiss her EEOC Claim against the City upon payment of Attorney's Fees in the amount of $7,000. Such payment would of course be contingent on the EEOC accepting the dismissal. Should you have any questions about this matter, please do not hesitate to contact our office. JK:ci cc David Harden, City Manager ~ )))(-{'<.tL fom (});~; ~ 1./--0 <6S . . ~-. '" --- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER ~~- MEETING OF SUBJECT: AGENDA ITEM # JUNE 11 , 1991 AWARD OF BIDS AND CONTRACTS DATE: June 7, 1991 This item is before you to approve the award the following bids and contracts: 1. Laboratory Services through September 30, 1991- Environmental Services - Paul R. McGinnes and Associates Consulting Laboratories, Inc. in an amount not to exceed $15,945 with funding from Water and Sewer Laboratory Testing (Account No. 441-5122-536-33.40). Account balance $15,950. 2. Rental Rehabilitation - Various Contractors as indicated below- with funding from Community Development Rental Rehab (Account No. 118-1975-554-60.23) . Account balance $153,619.50. A. 225-235 S.W. 12th Avenue (six units) - MJD Construction - $46,423 (City's share $23,211.50) B. 213-223 S.W. 12th Avenue (six units) - MJD Construction- $44,999 (City's share $22,499.50) C. 244 S.W. 5th Avenue - Abissett Corp. - $18,125 (City's Share $8,500). 3. Housing Rehabilitation - 116 S.W. 8th Avenue- Gamzo, Inc. in the amount of $12,065.50 with funding from Community Development Block Grant Housing Rehab (Account No. 118-1963-554-60.23) . Account Balance $114,417. Recommend approval of the award of bids and contracts with funding as indicated above. .( . . if " I. - I , . Agenda Item No. : AGENDA REQUEST Date: April 2. 1991 Request to 'be placed on:' xx Regular Agenda Special Agenda Workshop Agenda When: May 14, 1991 item (who, what, where, how much) :Staff requests City performing Federal, State and County Associates Consulting Laboratories, Funds to be rovided from the Department Head Signature: Determination of Consistency with Comprehensive Plan: "'!' City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~ NO Funding alternatives: (-if applicable) Account No. & Description: ~'7"2~S~. ~3-4o Lk'e/)~kfor2Y1~TJ ~f] Account Balance: ~ r;;.o ," City Manager Review: - @/ NO ~MJ Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . MEMORANDUM ,~ TO: William H. Greenwood, DirectorljP~7:1 Environmental Services ~ q THRU: Ern~st A. Kaeufer, ,Assistant Director 1fi#'~~/ Envlronmental SerVlces 1 /~ /1 Larry J. Martin, Deputy Directo1.7a)l'~;:;{84. Environmental Services ,~~ / y/ /\\ Don Haley, Superintendent r-ni, ').'/ Water Treatment Plant ;V l' FROM: n'Detenga n'Gurumo, Laboratory Supervisor Water Treatment Plant i,.~C( ~,'''L1~~1 DATE: March 7, 1991 SUBJECT: LABORATORY CONTRACT FOR 90/91 BUDGET YEAR This request for a blanket Purchase Order with McGinnes Labs is needed, to cover the time period at present up to the City obtaining our lab certification. We will be able to Piggyback the City of Lake Worth lab bid as expressed in letter by Gail Briggs of McGinnes Labs. (/') ~ The City of Lake Worths Bid Number is #89/90-188, accepted ~ ~ Commfssion November 5, 1990. Copy of Lake Worth Purchase Ei ~des is attached. : :!: !;U ,<:( oq: _'It ~ ~PE~~HAPTER 17.550 ESTIMATED COST 4.J I . r:1 ~ 8: 1"~.)J Inorganics, primary: 3 samples/yr. $ 6 0 0.00 2. 00. e e f;E oq: ..... ?: 0;- 2ft; Inorganics, secondary: 3 samples/yr. $600.00 2"e>e, c> 0 Q 2b. ECR-2(short sec} for wells w/ea. well/6 mo. $4,760.00 ~~~o.~e 3. THM's 5 points @ 4 X ea. (quarterly) $800.00 l(OO.e>D 4. 502's & 504's: VOC quarterly eVe 3 yrs. (1988-1991) & pergeables 1/yr. a} VOC's 30 samples x 3 x $120.00 $10,800.00 ~qDO.Do b} Pergeables 3 samples x 3 x $120.00 $1,080.00 Izo.oo 5. 505's: 3 samples/yr. $360.00 1'10.00 ~ /Sier'fS 6. 515's: 3 samples/yr. $360.00 I Z c> . 7. 524's: 1 sample/yr. $375.00 pS- 8. 531's: 1 sample/yr. $120.00 12.0 9. 602's: 8 samples (4 we 11 s / 6 mo. - WFP) $800.00 I.{oo 10. 610's: 8 samples (4 wells/6 mo. - WFP) $800.00 lio&> ll. Radionucleotides l/yr. $450.00 'ISo Grand Estimated TOTAL: $21,905.00 SPECIFICATIONS FOR THE LABORATORY CONTRACT BID QUOTATION: 1. The laboratory will perform all sampling. 2. Prices quoted must be net delivered prices, including delivery charges and all discounts. 3. Prices quotes should be given for unit price, total price per item, and the grand total. CONDITIONS OF THE CONTRACT: 1. The laboratory must submit the name, address and phone number of the Project Manager who will be responsible for our work, and who we will make contact with for the place- ment of an order and the coordination of services. 2. The laboratory must specify what qualifications the Project Manager has in interpreting data and in assisting with regulatory requirements. 3. The laboratory must provide proof of certification for all categories that will be performed for us. 4. . The laboratory must designate what analyses will be contracted out to another laboratory. This must include the name of that lab and its proof of certification. 5. The laboratory must provide references of previous work done for utilities in Broward and Palm Beach counties. The references will include the phone number and contact person of that utility. 6. The laboratory must have the results delivered to us within three weeks after the sample has been taken. 7. The laboratory must indicate on the analysis sheet what method was used for each analysis. The City of Delray Beach, FL may cancel the contract upon thirty days written notice if any of these conditions are not complied with as stated above. NDNG:jaf NJNGLCFB File: Memo to Director Environmental Services " ! PAUL R.. MOGINNES AND ASSOOIATES GONSULTING LABORATORIES, INo.. 4168 WESTROADS DRIVE - WEST PALM BEACH, FLORIDA 33407-1241 - (407) 842-2849 February 8, 1991 City of Delray Beach Purchasing Dept. Ms. Jackie Rooney 100 NW 1st Ave. Delray Beach, FL 33444 Dear Jackie, Enclosed you will find a copy of the bid which McGinnes Laboratories presented to Lake Worth. This bid went into effect around November 1, 1990. The prices contained are extended to the City of Delray Beach with one exception. Field charges will be billed at a rate of $55 per technician hour. If you simply need to have samples picked up that your staff has collected, there will be no charge for that service. If I can answer any further questions for you, please do not hesitate to call. We would be thrilled to be able to work with the city of Delray Beach for your analytical requirements. Very truly yours, cJ::d~ ':) , lJf\r~ Gail Biggs Regional Marketing Director '. " 'I , t, Staie OJlolttlt ollle-lt"tll3{j, Jfi d-1n- ilJte6-tltatio11/ M E M 0 RAN 0 U M TO: Margaret Johnatone Bnv1~onmental Compliance Officer FROM: Claude L'Engle, P,E. utilities Director SUBJ: WTP, PP & DPW Analytical Work DATE: NovembeJ: 6, 1990 At their J:equlaJ: meeting of November 5, 1990, the Lake Worth City Conuniss!on awarded the subject work to McGinnes and Associates Consulting Laboratories, Inc., based upon theiJ: unit price bid. Please proceed with the pJ:eparatlon of the two J:equeats for P.C.'s for the utilities and cooJ:dinate w1 th DPW to see how they want their analytical work handled. CL'E/pmf cc: Jean Bebensee, Purchasing Director Hike Thew, Water Systems Superintendent Keith Nicholson, Power Plant Superintendent Bob Douglas, WTP Supervisor Hubert Schmitz, DPW Director City Clerk .. t CITY OF lAKE WORTH PURCHASING DEP1. NOV 0 'I 1990 l'ME~ _ r . ,~-- .~ f,," '8 ~ .- u ~ ~ 0 r- 81. I,). ~ co (f) '0 ;; ~ . () P' .N en "'0 .., oj ~tJ rn 1\1 ... M If) r- ~~ . 0 '" ~~ ~ 0'\ ;:l ~~ \0 0'\ o .. "t; ~ ;; M ~a. ..... I L l\1 ~I E--f PI ..... ~~~ ~ 0 . O' t;; Ui (I, .. ~V18. I.fl ~ ., :': ;z . Z ::J 0) g ~ .... N ~c:(I) ffi -.v ~ '" ~~ 1-' I ... c( ... .- '0 @ 0.- 4.1 III U I (D ': tU ..z ~ c: 1_ - 41ft N - ~ II 8'~ -< ':t ~ -0 EO&. 'c ~ t- f4U I en t\j ~...l; ill 7.8\ ~~ r- ~ a- D....,. o u :i .Ill ." ...., .I; 0 ~ "'" ;I ..... u. :'>01 ,f!t: f;l o ~ 0 (1(\/1 \Un< "'-0 ... '" :J; UI G) dlio ~ ...." ~ :r ~ @~ 01 ~ 50"2 ~I 41 - -, '0 > - c; Z ..... 0 ... ~ ;.= ;) ~o ..c ~ 3f~ 0 ~ ., -'v J ... E 0 * ' u 0 ., 1 ~ \0 .... .I::!loc .. ...... '" :) 00" ~ n. u'" ro") 0.. "'>c: III 41 0< ... [-l I ZSo Q 0 ~~ N ~tl:: "<t' ;:IN \Q 8$ I tn ~$ N N 0;: ~ ~ I 0 ~ N . . M 10 0 W ~I 0 'Ii' . 'l ~ 6 .., ,.,"" 0 ~ ~ .. 0 " ~ fLl "<t' n I"~' .. \0 ~ E-1:>-- N 0:: .. '" '. " 0...... S?,1tl ~ (0 A U,., " Q 0\ f~ '11< .... " r.o r< "" " 0 "r.!o- ~~ ~ ~ ... ..... ~I '" . " S !' tJl r .. ...:r: ........ e.;M f.<l .a ~"'Il(",.., tl)ll< H 0 .. .. .. 01 ~ ,:- ...... W 8 2 ~ ~ U) 0\ 0> c ~~O\ 2 .. ....Q..fO W CI ~-l E-I 1-1 ~ >, ~- u ... ....... v S~ . ,tt ffi (f) ~ 0 W'Q'\ .. ... " rn 0.,0) LI ." " t/) ~ l, rr; H .r '-.1 ow UH . H ~tJ P tw ...... :tl: 0: 'Yf .,. U 'U ~ 0 In ~~ ., ftJ u . \of <( ~~ 0 f9 ~ ~ ~ ~ ~ o--l ...... .J .., ~ 4 Q . (I, ".; ~) ~ ::. ~ "" o--l .....,.. \1. t~ tI. 11l OJ 41 'J "t' , .... .-l .. 'J II " :x: ~ I .. UmJ:J'" I I z rl] ~ .., .. II,>: \0 " . ~ rJ V ~ co 0 tt1 O' II .. .. ) .. r-:l I.f) H ~ .n.. ~ ..-.. U) ~:? ;;. '" "'0.. ...... .., ~ ~ t) 0 '" I.n .. ~ > rt ., 0 cl'I 0 .t:j ~ .... ...........a.. H ~ 0' ~ ~. n :t.., .,,e ::> 1':-1 + ... . Ill" " ...~ - ~; "'''G PI 8 ....r.:u Vol! 0- ~ 6 - ~ o V n II U rt" . fj.... If) " u 'ct " , ;:l C,J .-I ~ ~(/) t:t' Lot .......".., ~ l;i ~ O"'........f\t~ ~r-l .....~.c: t) u ~ H 2 u ~ . > .: - p l/] 0'\ U @~ 010 c ' of . ~~ 0 'J u~"'1:t ~ ~ ~ ... .. II " U .' 'u C .. 0 'i Q . U) woo.J"'uuu I Vi ~. 9,Z II.... .. " . E 2g . .,0 vcto-v of , ~.r. u "0 ~ ..... COB ~ HN .. 'J ...... " .. 0 ~ ~~ co Ul;-+ , .. ~ ~... 8~ ....:1)\...,... c: "'" .- ~" ~~ c:t5 oj\, n " fI T. M ~ f e,] ~.. n . ""',J ~ .. 1"1 @~ fj~ ~ ~~ .... . .... . .. c~ U) 6~ 0014 ... u t\, rt 0 ~~ o u a,lS: "" :II tF . ~ @ H .. '" ,. If ~ )g .~ ~ ~~ ~~. ... >, Q .... II <\I (I) ~w U. "04 P (\,...... ... ,,< ., .., "'~ =- ,,, "'<( ..c 8H ~ r,v...,.....-4......, - 0.. :?: wm .Ul ~ .. .. ... c "0 ~~~~ Q. . uu ~\#VO~ .... ~.. "" .... 0 LJD: .c:. .. .. G 1\0..... " ___ I) rot . ,.... >-. '" t:: R~~\lo,oa"... (9 N ., ~ .. t\, " " ~ .f -4 Q III " 0 " aU i~ ~~h ro H rt5 .....u.~uv G'\ ~ 8 ..., "" ", :1 ~ 0 ~t :! ....... . -.-' .. - M ,..., y u ... . -0 ...- .,. .-l ... ... ,,- -.. . .. '-~ V b ",.. r-. " r: 4t E QI (. l,/ ~ . l'I ... 'J ........q"''"' " " )3: ~Cl:)~ ... C "'lI u~. 0 VI t:.... ...... .. 0 ~ ~..~U} C o U .. D 'II \., .. w i<l:'<;J'~ -~ .....If'......uv~... ~ .. ...~ .. .. u ::.s ... .~ tl. .. .. .." r: n_ Q (; .1 "u..c:~"" L~ ~ o . ~"C"'Vl u .. . V " yt.oI ".. . '" 1 c u ~o "0 11.'4 ClIoVt ~ " .., I' C [n ~ .# 'I -.4 () U" :;.- o ~ '1,l!. IJl V U " l1> )I: jI D..""):'" rt't: > . . OJ r.i f=. . ~o ...-l HZ r--'" ...... . . . BID ~89/90-188 . CITY OF I..AKE WJR'm >. BID FORM WATER. CHEMISTRY TESTING & ANALYSIS FOR CITY OF LAKE WORTH PROJEX::T : 1) POWER PLANT 2) PUBLIC wonKS DEPARTMENT 3) WATER TREATMENT r~l BIDDER: PAUL R. McGINNES AND ASSOCIATES CONSULTING LABORATORIES. INC. ADDRESS: 4168 WESTROADS DRIVE WEST PALM BEACH, FL 33407 BIDDER IS CON'I'ACI' PERSON FOR JIDDITIOOAL INFORMATION: NAME : GAIL BIGGS, MARKETING DIRECTOR . TELEPHOOE : 407-842-2849 DATE: 10-8-90 BIDDER~S DEX::U\RATION AND UNDERSTAND~: 'Ihe undersigned, hereinafter called. the Bidder, declares that the only persons OF parties . interested. in this Bid are those narred herein, that this bid is, in all respects, fair and without fraud, that it is made without collusion with any official of the ONner, and the Bid is made without connection or collusion with any person sutmitting arDther Bid c;m this contract. '!be Bidder further declares that he has carefully examined the Specifica- tions and that this Bid is made according to the provisions and under the tenns of the Specifications, which Specifications are hereby made a part of this Bid. Bidder further declares that any deviations fran the Specifications are explained. on separate sheets labeled "Clarifications and Exceptions" and attached to . this Bid Form and that each de- viation is itemized by number and specifically referenced to the applicable specification paragraph page. ,." .... PAIM BEACH <XX.JN1'Y CO-OP PUlCHASING COUNSIL PARrICIPATION ~ Will you honor this bid for other trembers of the Palm Beach County Co-cp Purchasing counsil as stated in Section 11.00, Instructions to Bidders (pg. 5) YES (yes/oo ) ADDENDA The Bidder hereby acknowledges that he has received Addenda numbers to these Specifications. TAXES The sums bid on the following page shall not include Florida sales tax. To the extent applicable such sales taxes are to be paid directly by the City of Lake Worth. The sums shall include all other taxes now in effect which_may be applicable. .. . . O.L.U tto~1 ~U-J.oo BID FUR-i (Continued) BID PRICES: The undersigned hereby proposes and agrees, if this Bid is accepted, to furnish the item(s) bid at the following price(s}: SECTION A: FOR THE LAKE IDRTH P<loER PLAN!' BID ITEN 1#1 r~l)l;rt~p.'1 M:>nthly testing of four (4) rronitoring wells- f!l.'i:::~'il.it..j,'''\:....:;;:';...., ,.., '. 'O',.>,;"U' '. ' .. .., $ jM.'Q"~hX. \!\;,IIu.J;;i:.P,l.,,;L~;';'~~ .r; . ~~;'t~'V,: }' Total annual cost for four (4) \<olells $ 3,456.00 BID ITEM #2 (.~'f~~)1 M:>nthly testing of one (1) plant industrial waste source - ~,""Y~'\'}tP'<""';""'~""" ....,. . , $ '~'~';~'.)ot. ~. " , . ','. .-: .:J_ '." <lj."',, ".." Jf~~("'.~;~," .; '> .~:~;,~;... ,......."";t..~l,<,:.:..J:m.+~~ . ~" ~.....,-.~ ~l.:-:....a..,.~~.;..~~,.\.;..v.. Total annual cost for one (1) source $ 2,080.80 BID ITEM #3 (1!.'ij~\t) .l~ ~". One tine test of industrial waste source for priority toxic pollutants by ~nty four (24) hour conposite sampling - .iiln':f~.~' " ~t $ !'"~Qt. '~~~\'~'_ .4~-i!:4~", '<. ';.1,;;/ :',C.t. "" ...;et:,,~Jf.i ~\~,!-~'". . u, <:-"'a<.......n V'i~fr':1,-...!..'i; .t\,"'<:\f GRAND 'rol'AL, ALL WORK FOR I..J\KE \tDR'rn KMER PLANT, PER YEAR $ 6,449.60 SECTION B: FOR CITY' OF I..J\KE IDR'nI PUBLIC \<<:>RKS DEPAR'IMENl' BID ITEM #4 (Table A) M:>nthly testing of five (5) rronitoring wells - Unit price per well $ 72.00 'Ibtal annual cost for five (5) 1IlIells $ 4,320.00 GRAND 'rol'AL, ALL WJRK FUR I..J\KE w:>RTH PUBLIC OORKS DEPARIMENT, PER YEAR $ 4,320.00 ~IQ.~ l.gnature BF-2 , , . BID #89/90-188 BID F'OR-1 (Continued) SECTION C: FOR LAKE \\ORTH WATER TREA'IMEm' PU\NI' - WELLFIELD ~'liiW." ~~' BID ITEM #5 ~~l Quarterly testing of t\Elve (12) individual raw water production wells and one (1) finsihed water sarrple - .". d"'.""U,~-;;f"'-'<!'~~'~~\""." .. _ m!i1f~1I~~~IJl~lJ~;~ ......~.:.; $ ~~~pO~, { Total annual oost for ttNelve (12) wells & one (1) finished water sanple .$ 6,240.00 BID ITF1-1 #6 (~l1i;Q).'r"~} Quarterly testing of four' (4) scrtples of finished water - :'Urlit<. :3p.. 'ric:e'ipel,")FSalllple $ ~lo~pu'fY-' ,. ,... .J, . . "r,. .0... ' ... Total annual cost for four (4) quarterly $ 640.00 samples . nIn ITEM 87 (~~1~)t ~ .".: ~ ";..,>,,,, ~ Annual testing of ttNelve (12) raw water production wells sanples coot>ined to cooprise three (3) cocrposi te sanp1es of no nore than five (5) wells per cooposi te - t:U1l'tt~~lfMb.-i~ite""~ $.~~1:iW~ij()i~' ,,' . 'y\ "-"--""":'~-J,~:s~;i'~:.:,..:.:,:--';~_'''-'''''' .. '"'~'" .", .-~.,., ..., Total annual oost for three (3) corrposite samples $ 432.00 BID ITEM #8 (__i~f Semi-annual testing of ttNelve (12) raw water production wells - .~4~~V~~\~':l:';i'~(i' $ \fi~lg\1it)O~t / .~~~ .,~-'~...'1l~2I--L' ',."",,' _.f"t_",t.\\.- Total annual oost for twelve (12) wells $ 2,616.00 BID ITa-1 #9 (fi.tJ:fl!1ll~f' Annual testing of one (1) sanple of finished water - ~. . ~W:I~". .,....., .:....'.. ... '..". 'le.. $ l'(t~z"~ob;.~,;Jil\' '. ~_ " " ;J;'", _", ,', .9 . "~'~" _ - ,~~__; _.'/':!,..,,\. ..il,:" ."''''''~'' ,_"",!(,>,::<~~".,,:.,~ >; .,; 'Ibtal annual cost for one (1) soople $ 124.00 BID ITEM 1#10 (:I6jim)~'J Annual testing for 1:\o.elve (12) raw water production wells sanples catbined to conprise three (3) CXXl'pOsite sanples of no nore than five (5) wells per oonp- osite, and one (1) finished water sarrple - ",~;cI~!Ji'~\'l"YY1'r\nc:ite'.ons';'~~" " ",.. 1...... $ ~~'~67~O~tt ~~ ",:,' ",' ",", .~~'~ -,-", ,,',. -,~-~..' . ,-~.' ,.,:'i"1'" 'P' ;.;--_...~.;.,~~ - ~ ,-;- '.' c ~~. ".. ..:c;~, :aL.!u-~.,_if{,""r.' ",_' ~."'......A ..:-I....L.,:~.,..;: I. . Total annual oost for three (3) <::xJRpOsite sanples and one (1) finished water Salll>l.e $ 1,868.80 ~~ '. !L " (J I? ....... -. na \ln~ .~, , , BID #89/90-188 BID FORM (Continued) SECTION C: I.J\KE \\QRTH WATER TREA'IMENI' PLANl' - WEILFIELDS (Continued) BID I'JE'o1 It 11 (;Q'ff.!i?~y.Ji ). ...ij, Annual testing for twelve (12) r~ w:lter production wells sarrples corrbined to cooprise three (3) coop::lsi te sanples of no nore than five (S) wells per corrpos i te and one (1) finished water sarrple - tIR1t~~~'<"'<";F .'. .. fj d ~'~~;r~';'~ .. .'~' .' /~~(p:.1lPOS;Lt an . ,,~~i,." :;t 1!1.,",. 1~~lJ~:'~ r' ~er:":' $ ~,~~~;i}f\";: ,,; -' . 'lbtal annual cost for three (3) corrposite sarrples and one (1) finished water sClftl)le $ 576.00 BID ITEM #12 (Per Palm Beach County ECR II) for bacteria at four (4) sources, ~ (2) sarrples one (1) at 350C l~32,~'OO.;; ? Uni t price per sample $ . ,', ".' --,'....'. 'lbtal annua cos t for four (4) sources $ 1,536.00 BID ITEM #13 ~_i~f:j~ffi~:ffrom fifteen (15) finished water sanples fifteen (15) from first draw sanple - '6c;~/~ "'~le $ ~fP.O" fb; (l.1o ) ~~~: . -." , '''. ').~'r." ., ~. , .~ .'~ "" ~- .. 'lbtal annual cost for fifteen (15) quarterly 960.00 sanples $ BID ITEM #14 1()~~~t!,::~~~~\~U;~';~ corrosion from fifteen (15) finished water sanples - "'....'.b Y~T.', Unit"~'~;"~le $ ""16" 0."'''''..... I;w.,,,.....,,...;.~ .~~~~'t'~~J-I: ....>,..... ;1".- . ;;;r .'. .,;,,{.:.i.~:-;-:~:,.,'-;:,. Total annual costs for fifteen (15) quarterly 960.00 sarrples $ BID ITEM #15 i~~'.kjk;.,' Annual testing for twelve (12) raw water production well sanples exxTbined to cooprise three (3) COITpOsite sarrples of no rrore than five (5) wells per cpmposite, and one (1) finished water sample - _~~i~1tC;;fijahd onefl)1:{~)~s,". ;' $ ''''''~'1li!j;''<~;'' ...;ti..l(f~\~.:;~~t;'"' ".'",..:. ;'~/'"':f!'" __~,.~.'. ,L. . '. ".." ,.' ~~t~r'SO" 11f'~jt. .' Total annual cost for three (3) carposi te sarrples and-one (I) finished water sarrple $ 640.00 d~l '~1? BID "89/90-188 / BID FUR-1 (Continued) SECTION C: FUR LN<E w)RTH TREA.~ PI...ANl' - WELLFIELD (Continued) GRAND 'fOrAL. ALL WJRK FOR I.J\KE \tl>R'Jl{ WATER TREA'lMENT PIAN!' WELLFIELD. PER YEAR $ 16,592.80 Does unit pricing include services of field technicians? If no please attach schedule. X YES f'.O Additional required attachrrents provided'? YES X f'.O Is Form PUR-7068 attached? X YES f'.O ~w. $~~ ure PAUL R. McGINNES AND ASSOCIATES CONSULTING LABORATORIES, INC. . Firm 4168 WESTROADS DRIVE WEST PALM BEACH, FL 33407 Address 407-842-2849 Phone NuTber OCTOBER 8, 1990 Da te Signed BF-5 ". .. I' talA Bt Eir;A-~"j " ..;.,"'::-i~""'::J.. '", t . '" .':4:\!<':~;"\~'. .'~i:; . :1P ' ; .w...-~~;'I ~I' ",,-:.'(:~'''; -~~:~' -~'~ 9 Par ,);". > >~~. <II" .0\ EPA ameters :'{~ Method 602 Benzene Chlorob Eth 1 enzene Met~l ~enzene T ert B oluene utyl Ethe Xyl r 1 ~ne, Total l' - dichlor , 3 _ dichl obenzene 1, 4 _ diChlorObenzene orobenzene ~" ..<! .,.-'/.t'. ~.....~" . . . f/!;"€' , . :;.' , ~' " 11 ..' .~ ,",,," . ' ,.>.,'''''. . 'J': .. -'it..,-':..! .. d1i_ta"stJ . .. .'. . 10 Parameters . VO VOC and - (PBC - ECRI C EPA Metho\!Sist 1 I) Series Benzene Carbon T P_DiChlo~t~achloride 1, 2 _ D' a en zene 1 lchl , 1 _ Oi oroethane ithYlene ~~~Ore?thYlene etrach 1 romlde . i' .1. 1 ~r~~thYl ene v~lChloroeth~~hloroethane nyl Chl . ene on de . , ", .,}.~ . r(' ! ' '.j: 1.# ~; .'fY;:. >, - , ..[~:.,- - .... -' ...:....!~.. ..1".~q;f:'l. '~n\'B tE~tSC' . /.1f'., .. . 4 Parameters - (PBC - ECRII) Tri Halo Methanes bromodichloromethane dibromochloromethane tribromomethane (bromoform) trichloromethane (chloroform) , SPEC 4 of 13 I l'tAL-. ~. . "." : "v' (\. J ". .'. . ~"<"', ..... ,.',.......... . .' ,'. "'.,.:. " \",/ ~_.-. ~.'" .. '.- II.. .' . ", . ,. " , .. ~." ,~,..>-, 1 i - :T'lI"!Ol'f ...0 . .~<. ! !~.tu> . 'C' , ~,.~ .-,' '~:.",'.; 34 Parameters - (PBC - ECRII) ~ V 0 Can d SO C I:-l-s-t-H U'/\J,..C>.. f VJ\<- ' EPA Method 500 Series V' ~- V6 ~ }. )', P '...J"'" * Bromobenzene * D;chloromethane Bromodichloromethane 1,1 Dichloroethane Bromoform 1,2 Dichlororopane B rom o.m e t h an e * 1, 3 D i c h lor 0 pro pan e Chlorobenzene * 2,2 Oichloropropane Chlorodibromomethane * 1,1 Dichloropropene Chloroethane 1,3 Dichloropropene Chloroform Ethylbenzene Chloromethane Styrene * o-Chlorotoluene * 1,1,1,2 Tetrachloroethane * p-Chlorotoluene 1,1,2,2 Tetrachloroethane 1,2-Dibromo-3-Chloropropane(DBCP) 1,1,2 Trichloroethane * Dibromomethane * 1,2,3 Trichloropropane m-Dichlorobenzene Toluene o-Dichlorobenzene m-Xylene trans-1,2-Dichloroethylene o-Xylene cis-l,2-Dichloroethylene p-Xylene 5~U *Denotes a contaminant not contained in the FAC Chapter 17:J/,( sac list as of December 23, 1987. SPF.C 5 of 13 " JA 6 tfc,::;:E-%h: J;.~ ,. . . ,7' _ h~:~,:,L 9 Parameters - (PBC - ECRII) Secondary Inorganic Contaminants Nitrate Chloride Color Iron pH Total Dissolved So 1 ids Total Hardness Calcium Magnesium Alkalinity Specific Conduct iv ity Total phos'p~ate -.- -,..- _~.u ..... ,!,.t./'~r$(~1Jf.:~~;: :/:.:",. '~~AlvE"'\'~.' '4;.;'_:.~' "-.""':-.~,,,,, 12 Parameters - (PFC - ECRII) Secondary Inorganic Contaminants Chloride Color Copper Corrositivity Fluoride Foaming Agents Iron Manganese Odor Sulphate Total dissolved solids at 1030 C and 1050 C Zinc . '~~' . i~' (~ . ". :,"'~' -;'<:';1 .(~.~ii:' - f - '.~' '~~rfr~~ ~:?T:AB l:E),(G;D,;t.: ' , q:;:Y;~O", ... ... \ <<~fi . . , f1' .-" ti' ., . "I'.. . . ,..... . ,-' .,'... ~." . f" , '~ ..' t .-~ 126 Parameters (PBC-ECRII) Raw Water. Finished Water ~l~l).~,~o;~ " . ,~ -,'~~~:(~ -'~ ' Priority Pollutants fPA Series 600 . ( a) Purqeables (c) Base Neutral Extractables Acrolein Acenaphthene Acrylonitrile Acenaphthylene Bromodlchloromethane Anthracene Bromoform Benzo(a) anthracene Chlorobenzene Benzo(b) fluoranthene Chloroethane Benzo(k) fluoranthene 2-Chloroethylvinyl ether 8enzu(a) pyrene Chloroform Benzo(9.h.i} perylene Chloromethane Benzidine Dibromochloromethane Bis(2-chloroethyl) ether Dichlorodifluoromethane Bis(20chloroethoxy) methane l,l-Dichloroethane Bis(2-ethylhexy) phthalate 1,1-Dichloroethene 8is(2-chloroisopropyl) ether trans-1,3-Dichloropropene 4-Bromophenyl phenyl ether 1,2-Cichloroethene Butyl benzyl phtha I ate 1,2-Dichloropropane 2-Chloronaphthalene cis-l.3-Dichloropropene 4-Chlorophenyl phenyl ether Ethyl benzene Chrysene Methylene chloride Dibenzo(a,h) anthracene 1.1,2-Trichloroethane Di-n-butylphthalate Trichlorofluoromethane 1,3-Dlchlorobenzene Toluene 1,4-Dichlorobenzene Xylene I,Z-Dichlorobenzene Styrene 3,3-Dichlorobenzdine Oichlorobenzene Oiethylphthalate 1,2-0ibromo-3-Chloropropane Dimethyl phthalate 1,1,2.2-Tetrachloroethane 2.4-0initrotoluone 2,6-0initrotoluene (b) Pesticides Oioctylphthalate 1,2-0iphenyhydrazlne Aldrin Fluoranthene a-BHC fluorene b-OHC Hexachlorobenzene 9 -BHC Hexachlorobutadiene d-OHC Hexachloroethane Chlordane Hexachlorocyclopentadiene 4.4'-000 Indeno(I,Z,3-cd) pyrene 4,4'-00E lsophorone 4.4'-00T Napthalene Dieldrin Nitrobenzene Endosulfan 1 N-Nitrosodimethylamine Endosulfan 1 I N-Nitrosodl-N-propylamlne Endosulfan Sulfate N-Nitrosodiphenylamine Ethion Phenanthrene Trithlon Pyrene o,p-OOT.DDE and ODD 2,3,7,8-Tetraehlorodibenzo-p-dloxin (Dioxin) i Tedion 1.2,4-Trichlorobenzene Endrin Aldehyde Heptachlor (d) Aeld Extractables Heptachlor Expoxide T ox .wJ1e,ne 2-Chloropheno PCB-IOI6 2.4-Dichlorophenol PCB-I22l 2.4-Dimethylphenol PCB-1232 2,4-0initrophenol PCB-1242 2-Methyl-4;6-Dlnitrophenol '. PCB-1248 4-Hltrophenol PCB-12'54 Pentachlorophenol PCB-1260 Phenol Aldlcarb (non-extractable) 2.4.6-Trlchlorophenol Olazinon TriChloroethylene Melathion Tetrd Chloroethylene Parathion Carbon Tetrachloride Guthlon Vinyl Chloride Kelthane (Dieofal) l,l,l-Trichloroethane 1,2-0ichloroethane Benzene , Ethylene Oibromide SPEC 8 of 13 .' . ~. [ffAB I:E-"}H ~. . Arsen' A lC sbest Barium os Cadmium Chrom" f I 1 urn uor' Lead Ide M~rcury Nltrat Nitrit: (as N) Selen" S ill urn ver Sodium - - - ..I1t'rJ ~ if "fX~'~1'~' . -,~rgt/J;\~"". :,,' , ,"" ,'" ....., J ~ .~,,' .,0; 9 Paramete (Metals _ 2 rs - (40CFR-403 12 ( 4 hour C . ) pH By G omposit rab S e Sa ample) mpling) pH Copper Zinc Lead Nickel Cadmium Total Ch romium . . Sample Collection Jor'Total Toxic Organics. Analysis .. ./ J .,~i' , , .J.. ~ .;.....~;;I. ~t'\) ( EPA METHOD 624 & ~25 dt.:;@f.~~ij'':~~~<; "j . . . TABLE J ,. ;pl." ' :';';'C"~ . .,-.- - '. ~~; . ''''$'"";''~.(;'<''-''' },,; ',>" >.: "';":.- .;,-,;'.',::'~' PRIORITY TOXIC rOLLUT ANTS . \ The group of pollutants and classes o( pollutants, potentially including thousands of specific compounds, was thus lengthened to a list of 129 priority pollutants which serves as a basis for the proposed BAT, new source perfomlancc standards, and pretreatment standards (or new and existing sources. The 129 toxic pollutants are divided into three major groups: organics, pesticides and PCBs and inorganics. RECOMMENDED UST or TOXIC POLLUf ANTS. REVISED APRIL 1977 (1) "acenaphthene (31) "2.4-dichlorphenal (2) "acrolein " dichloropropane and dichloropropene (3) "acryloni trile (32) l,2-dichlorpropane (4) "benzene (33) l,2-dichloropropylene O.2-dichloro- (5) "benzidine propene) (6) "carbon tetrachloride (34) "2,4-dimethylphenol (tetracholormethane) " dinitrotoluene " chlorinated benzenes (other than dichloro- (35) 2,4-dinitrotoluene benzenes) (36) 2,6-dinitrotoluene (7) chlorobenzene (37) "1 ,2-d i phenyl hydrazine (8) 1,2,4,- trich loro benzene (38) "ethyl benzene (9) hexachlorobenzene (39) "nuoranthene " chlorinated ethanes (including l,2-di- "haloethers (other than those listed chloroethane, l,l,l-trichloroethane, elsewhere) and hexachlorotethane) (40) 4-chlorophenyl phenyl ether (10) 1,2-dichloroethane (41) 4-bromophenyl phenyl ether (11) 1,1, I-trichloroethane (42) bis(2-chloroisopropyl) ether ( (12) hexachloroethane (43) bis(2-chloroethoxy) methane (13) 1.I-dichloroethane " halomethancs (other than those listed (14) l,l,2-trichloroethane elsewhere) (15) l,l,2,2-tetrachloroethane (44) methylene chloride 06} chloroethane (dichloromethane) " Chloroalkyl ethers (chloromethyl, chloro- (45) methyl chloride (chloromethane) ethyl, and mixed ethers) (46) methyl bromide (bromomcthanel (17) bis(chloromethyl) ether (47) bromoform (tribromomethane l (8) bis(2-chloroethyl) ether (48) dischlorobromomethane (9) 2-chloroethyl vinyl ether (mixed) (49) trich 10roO uoromethane " chlorinated naphthalenes (50) d ichlorodifl uoromethane (20) .2-chloronaphthalene (51) chlorodibromomethane .. chlorinated phenols (other than those (52) " hexachlorobutadiene listed elsewhere; includes tri- (53) " hexachlorocyclopendtadiene chlorophenols and chlorinate (54) "isophorone cresols) (55) " naphthalene (21) 2,4,6- t ri eh loro pheno I (56) " nitrobenzene (22) para-chloro meta-crcsol " ni!ophenols (including 2,4-dinitrophenol (23) "chloroform (trichloromethane) and dinitrocresol) (24) "2-chlorophenol (57) 2-ni trophenol " dichlorobenzenes (58) 4-ni trophenol (25) 1,2-dichlorobenzene (59) 2,4-dinitrophenol (26) l,3-dichlorobenzene (60) 4,6-dinitro-o-cresol (27) l,4-dichlorobenzcne " nitrosamines " dichlorobenzidine (60 N-nitrosodi methylamine (28) 3,3-dichlorobenzedine (62) N-ni trosod i phenylami ne ( " dichloroethylenes O,l-dichloroethylene (63) N-ni trosodi-n-propylami ne and 1,2-trans-dichlorocthylene) (M) "pentachlorophenol (29) l,l-dichloroethylene (65) .. ph('nol (30) l,2-trans-d ichloroNh ylene .. C::PF(' l' ,.., t: ,., . . ( ( .. TABLE J Continued - pheyl esters · hexachlorocyclohexane ( all isomers) , (66) bis(2-ethylhexyl) ph thala te (02) a-13HC-Alpha f \ (67) butyl benzul phthalate (03) b-DHC-I3cta (68) di-n-butyl phthalate (l04) r-DHC-(Iindane)-Camma (69) di-n-octyl phthala te ODS) g-13HC-Dclta (70) diethyl phthala te .. polychlorinated biphenyls (PCDs) (71) dimethyl phthalate (06) PCD-1242 (Arodor 1242) .. polynuclear aromatic hydrocarbons (07) PCD-12S4 (Aroclor 1254) (72) benzo(a)anthracenc (08) rCD-1221 (Aroclor 1221) O/2-benzanthracene} (09) PC13-1232 (Aroclor 1232) (73) benzo(a)pyrenc (3,4-benz- (110) PCB-1248 (Aroclo'r 1248) pyrene} 011} PCb-1260 (Arodor 1260) (74) 3,4-ben2.0fluoranthcnc (112) rCB-I0l6 (Aroclor 1016) (75) benzo(k}fluoranthenc (1l,12-bcnzo- (13) "toxaphenc /luoranthcne) (14) "antimony (total) (76) chrysene (11S) -arsenic (total) (77) acenaphthylene (116) -asbestos (fibrous) (78) anthracene (117) -beryllium (total) (79) benro(ghi)perylene (1, 12-benzo- (18) -cadmium (total) perylene) (119) -chromium (total) (80) fluorene (120) -copper (total) (81 ) phenanthrene (121) -cyanide (82) dibenzo(a,h)anthracene (l,2,5,6-dibenz- (22) -lead (total) anthracene) (123) -mercury (total) (83) ideno(1,2,3-cd) pyrene (124) -nickel (total) (84) pyrene (125) "selenium (total) (85) -tetrachloroethylene (126) -silver (total) \ (86) -tolucne (27) -thallium (total) (87) -triChlorethylene (128) -zinc (total) (88) -vinyl chloride (chloroethylene) (29) ... 2,3,7,8-tetrachlorodibenzo-p- . "pesticides and metabolites dioxin (89) -aldrin (90) -dieldrin (91 ) -chlordane (technical mixturc and metabolites) .. DDT and metabolites (92) 4,4'-DDT (93) 4,4'-DDE (p,p'-DDX) (94) 4,4'-DOO (p,p'-TOE) "cndosulfan and metabolitcs (95) a-endosulfan-Alpha (96) b-endosulfan-Bcta (97) . endosulfan sulphate - endrin and metabolites (98) endrin (99) endrin aldehyde -heptachlor and metabolites 0(0) heptachlor (01) heptachlor cpoxide - Specific compounds and chemical classes as listed in the consent decree -. TIlis compound was specifically listed in the consent decree; however, due to its ; extreme toxicity we are recommending that laboratori~ not acquire an analytical standard for this compound. , SPEC 12 of 13 , ~,. ;>1 - .... ... '- ,) " ...- . . '1t,. ~ . ..~ ., ~.: . ,,- . :> l~' ','~..'~ ' t~~' . , ;.-' ...:.j.{....~:<.:',-. ,.4"... , ..'.~;',(... ,t'TNBLE.K . . ~""",:..- ~,!:,,.. .'. ""~,' ..... " c~ . .q~". .-<~Jp.-.". .'. "-"--. l{$i.'~" . ,&g). :'f:../ ~ _l',Y:I.; Primary Organics (PBC-ECRII) ~ )l~:'v,;~ . , 6 Parameters c, ,f I' J . " , -) . I .- l/ .~' ,/ / -. A. Chlorinated Hydrocarbons: Endrin Lindane Methoxychlor Toxaphene B. Chlorophenoxys: 2, 4-D 2. 4. 5 - TP Silvex SPEC 13 of 13 - Agenda Item No. : AGENDA REQUEST Date: MAY 30, 1991 Request ~o be placed on: Regular Agenda Special Agenda Workshop Agenda When: JUNE 11. 1991 xxx CONSENT AGENDA Description of item (who, what, where, how much) : CASE' ADDRESS RR AMT. INVESTOR' S SHARE 91-001RR 225-235 S.W. 12TH AVE. $23,211.50 $23.211.50 91-001RR 213-223 S.W. 12TH AVE. $22.499.50 $22.499.50 91-59RR 244 SOUTHWEST 5TH AVE. $ 9,625.. 00- $ 8,500.00 (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: RECOMMEND APPROVAL WITH FUNDING FROM ACCOUNT#: 118-1975-554-34.81 (INVESTOR'S SHARE) & 118-1975-554-60.23 (RRP SHARE) (Example: Recommend approval with funding from Special Events Account No. 001- 3 3 3 3 - 5 5 5 - 4 4 . 55 ) . . . ) '7.:;:-,1 !!!:9 Department Head Signature: ~ ~ ~-- City Attorney Review/ Recommendation (if applicable): Budget Di~for ~eview (required on all items involving expenditure of funds): ";--v-C~ Fund g available: ~NO I (if applicable) Funding alternatives: Account No. 8i. Description: //~- /y75- $$'1. /d;-.;{ 3 Account Balance: If/53 /,/'1.51) . eo. ~v~!-~?J.J " 'rn fl'1 . City Manager Review: ~:""1 ~'Lk. Approved for agenda: ~ NO tH Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager THROUGH:~ert A. Barcinski, Assistant City Manager FROM: Ted Glas, Purchasing Officer ~~ DATE: June 4, 1991 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JUNE 11, 1991 - BID AWARD - BID #91-59 RENTAL REHABILITATION PROGRAM Item Before City Commission: City Commission is requested to award contracts to low bidders, as stated below, for rental rehabilitation projects, at a total cost of $109,547. Per the Budget Office, funding for the City's participation is from: ( ) . Background: The Community Development Division handles and processes its own formal bids on rental rehabilitation projects. Purchasing's review of Bid #91-59 finds it to be in compliance with City purchasing procedures. Property Contractor Amount 225-235 SW 12th Avenue MJD Construction $46,423. 213-223 SW 12th Avenue MJD Construction 44,999. 244 SW 5th Avenue Abisset Corp. 18,125. Recommendation: Staff recommends award to low bidders, as stated above. Funding as outlined above. Attachments: Memorandum from Community Development Bid Information Sheets pc Lula Butler M E M 0 RAN DUM TO: DAVID HARDEN, CITY MANAGER CD COORDINATOR .IJ ~y" FROM: DOROTHY ELLINGTON, THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT DATE: MAY 31, 1991 SUBJECT: RENTAL REHABILITATION PROGRAM/CONTRACT AWARD In accordance with the City of Delray Beach Community Development Division's approved Statement of Policies and Procedures, we are hereby requesting City Commission approval of Three Rental Rehabilitation Deferred Loans. The program provides for the rehabilitation of investor owned substandard units, located within the CDBG Target Area. Contract awards are based on actual cost of the rehabilitation to an eligible structure. Owners are eligible for a dollar for dollar match of Rental Rehabilitation Funds for total cost, not to exceed $8,500 per unit. Community Development staff provided the detailed work write-ups, cost estimates for work specifications, and bid process on all eligible structures. Investors are required to escrow their share of the cost with the City prior to the issuance of the Notice to Proceed. Inspection of work will be done by the City's Community Improvement Department and the Community Development Division. Contracts will be executed between the building contractor and the property owner. The City remains the agent and this office will monitor all work performed by the contractor and will ensure compliance according to specification and program guidelines. Pay requests will require both contractor's and owner's signatures. Funds will be disbursed on a dollar for dollar basis matching the owners share with the Rental Rehabilitation Funds. The owners and properties have met the eligibility requirements as specified in the Rental Rehabilitation Program description. Detailed work write-ups and individual files are available for review at the Community Development Office. RR14/PG1 RENTAL REHABILITATION LOAN IS REQUESTED FOR THE FOLLOWING: CONTRACTOR PROPERTY RR DEFERRED INVESTOR ADDRESS LOAN SHARE MJD CONSTRUCTION 225-235 s.w. 12TH AVE $23,211.50 $23,211. 50 (b l,(NIT5"J MJD CONSTRUCTION 213-223 S.W. 12TH AVE $22,499.50 $22,499.50 (& li.,JfTS) ABISSET CORP. 244 S.W. 5TH AVE $ 8,500.00 $ 9,625.00 RR14/PG2 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 91- 59RR APPLICANT: JIMMY & MARIAN WEATHERSPOON APPLICATION #: 91-001RR PROJECT ADDRESS: 225-227 , 229-231 AND 233-235 SOUTHWEST 12TH AVENUE DATE OF BID LETTERS: MAY 17, 1991 DATE OF BID OPENING: MAY 30, 1991 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $ B & JR CONSTRUCTION $ CSB CONSTRUCTION, INC. $ G. R. E. I. CONSTRUCTION $ HENRY L. HAYWOOD $ HMP BUILDERS, INC. $ INTERCONTINENTAL CONSTRUCTION CORP $ M. A. S. C. 0 . $ MJD CONSTRUCTION SERVICES $ 46,423.00 MSL CONSTRUCTION, INC. $ PHILLIP GARY PURR C/O GAMZO, INC. $ 53,127.00 T. H. Y. CONSTRUCTION, INC. $ IN - HOUSE ESTIMATE: $ 47,185.00 CONTRACTOR AWARDED CONTRACT: MJD CONSTRUCTION SERVICES BID/CONTRACT AMOUNT: $ 46,423.00 COMMENTS: LOW BID BIDFORM/PG1 . . CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 91- 59RR APPLICANT: .TTMMY AND MARIAN WEATHERSPOON APPLICATION #: Ql-001RR PROJECT ADDRESS: 211-21S. 2]7-219 AND 221 -223 SOUTHWEST 12TH AVENUE DATE OF BID LETTERS: MAY 17. 1991 DATE OF BID OPENING: MAY 30, 1991 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $ B & JR CONSTRUCTION $ CSB CONSTRUCTION, INC. $ G. R. E. I. CONSTRUCTION $ HENRY L. HAYWOOD $ HMP BUILDERS, INC. $ INTERCONTINENTAL CONSTRUCTION CORP $ M. A. S. C. 0 . $ MJD CONSTRUCTION SERVICES $ 44.9Q9.00 MSL CONSTRUCTION, INC. $ PHILLIP GARY PURR C/O GAMZO, INC. $ 53.507.00 T. H. Y. CONSTRUCTION, INC. $ IN - HOUSE ESTIMATE: $ 45,895.00 CONTRACTOR AWARDED CONTRACT: MJD CONSTRUCTION SERVICES BID/CONTRACT AMOUNT: $ 44,999.00 COMMENTS: LOW BID BIDFORM/PGl - CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 91- 59RR APPLICANT: MARY AND LORENZO JONES APPLICATION #: 91-004RR PROJECT ADDRESS: 244 SOUTHWEST 5TH AVENUE DATE OF BID LETTERS: MAY 17, 1991 DATE OF BID OPENING: MAY 30, 1991 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $ 18,125.00 B & JR CONSTRUCTION $ CSB CONSTRUCTION, INC. $ G. R. E. I. CONSTRUCTION $ HENRY L. HAYWOOD $ HMP BUILDERS, INC. $ INTERCONTINENTAL CONSTRUCTION CORP $ M. A. S. C. 0 . $ MJD CONSTRUCTION SERVICES $ MSL CONSTRUCTION, INC. $ PHILLIP GARY PURR C/O GAMZO, INC. $ T. H. Y. CONSTRUCTION, INC. $ IN - HOUSE ESTIMATE: $ 23,950.00 CONTRACTOR AWARDED CONTRACT: ABISSET CORPORATION BID/CONTRACT AMOUNT: $ 18,125.00 COMMENTS: LOW BID Bin IS ';6s:J1"l'l...! tn~ I t1b If}~~ tf.J. &cAus~ ~JJkACbc:.. EJ"'IlrUN~ JIJ~ of 41-5 ~'G ChaJ BIDFORM/PGl . Agenda Item No. : AGENDA REQUEST Date: MAY 30, 1991 Request to be placed on: Regular Agenda Special Agenda Workshop Agenda When: TTTNF. 11> 1991" XXX CONSENT AGENDA Description of item (who, what, where, how much): CASE. II ADDRESS GRANT AMOUNT 90-017HR 116 SOUTHWEST 8TH AVENUE $17 , 0/1,'1. '10 .- (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: RECOMMEND APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM HOUSING REHABILITATION GRANT AWARD AND CONTRACT AWARD FROM ACCOUNT #118-1963-554-60.23 GRANT AMOUNT INCLUDES CONTINGENCY. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). ~ Department Head Signature, ~~ ~-<~~--~----!!! ,/ { City Attorney Review/ Recommendation (if applicable): Budget Di~tt\ Re::eW~(~equired on all items involving expenditure of funds): ~ (~ Fund ng available: ~/ NO I Funding alternative : . fa (un ar~lic~ Account No. &. Des~n: Ilt-lqb~-~S4. O-~6 US ~ Account Balance: / City Manager Review: Approved for agenda: &/ NO t~f Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager THROUG~Obert A. Barcinski, Assistant City Manager/ dministrative Services FROM: Ted Glas, Purchasing Officer !/Jr DATE: June 4, 1991 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING June 11, 1991 - BID AWARD - BID #91-60 HOUSING REHABILITATION PROGRAM Item Before City Commission: The City Commission is requested to award contract to Gamzo, Inc. , at a total cost of $12,065.50. Per the Budget Office, funding is from: ( ) . Background: The Community Development Division handles and processes its formal bids on housing rehabilitation. Property Contractor Amount 116 S.W. 8th Avenue Gamzo, Inc. $12,065.50 Recommendation: Award to low bidder, Gamzo, Inc. , at a total cost of $12,065.50. Funding as outlined above. Attachments: Memorandum from Community Development Bid Information Sheets pc Lula Butler M E M 0 RAN DUM TO: DAVID HARDEN, CITY MANAGER , G)~ FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT, COORDINATOR r,. THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT DATE: MAY 2, 1991 SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTIVITIES HOUSING REHABILITATION GRANT AWARDS According to the City of Delray Beach, Community Development Division's approved Statement of policies and Procedures, we are hereby requesting City conunission approval of one ( 1) Housing Rehabilitation Grant Award. The grant amount is based on the actual cost of the rehabilitation as determined by the low bidder, plus a 5% contingency. The contingency may be used for change orders. All unused funds will remain with the Housing Rehabilitation grant program. Inspection of work will be done by the City's Building and Inspection Department and the Conununity Development Division. Rehabilitation contracts will be awarded to the low bidder. Contracts will be executed between the building contractor and the property owner. The City remains the agent and this office will monitor all work performed by the contractor and will ensure compliance according to specifications and program guidelines. Pay Request forms will require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved policies and Procedures. The rehabilitation activity will bring the homes to minimum code requirements by repairing roofs, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case file are available for review at the Community Development Division Office. The Contract Award and Bid Summary sheets are attached for your reference. Housing Rehab Grant Awards are requested for the following: Case# Address Grant Amount 90-017HR 116 S.W. 8TH AVE. $12,065.50 HR2 . . CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 91-~-60HR APPLICANT: WILLIE MAE BURGESS APPLICATION #: 90-017HR PROJECT ADDRESS: 116 SOUTHWEST 8TH AVENUE DATE OF BID LETTE~S: MAY 17, 1<1<11 DATE OF BID OPENING: MAY 30. 1991 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $ 11.730.00 B & JR CONSTRUCTION $ CSB CONSTRUCTION, INC. $ G. R. E. I. CONSTRUCTION $ HENRY L. HAYWOOD $ HMP BUILDERS, INC. $ INTERCONTINENTAL CONSTRUCTION CORP $ M. A. S. C. 0 . $ MJD CONSTRUCTION SERVICES $ 11.683.00 MSL CONSTRUCTION, INC. $ 15,100.00 PHILLIP GARY PURR C/O GAMZO, INC. $11,490.00 T. H. Y. CONSTRUCTION, INC. $ IN - HOUSE ESTIMATE: $ 13,025.00 CONTRACTOR AWARDED CONTRACT: GAMZO. INC. BID/CONTRACT AMOUNT: $11,490.00 COMMENTS: LOW BTD BIDFORM/PGl , CpfUO{.~ ~-O MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER f!J1 SUBJECT: AGENDA ITEM # ~~ - MEETING OF JUNE 11, 1991 REPORT OF APPEALABLE LAND USE ITEMS DATE: June 7, 1991 This item is before you for acceptance of the report of decisions made by the various development related boards during the period May 28th through June 10th. The following actions were considered during this reporting period: Planning and Zoning Board: -Approved (6-0 vote) major site plan modification for Palm Cove (aka Delray Bay Apartments). Concurrently, granted relief from code requirements to allow the reduction of the front setback for three buildingsj to allow compact car parking spaces and sodded parking spacesj eliminated wheel stops and landscape islands. -Forwarded the Geographic Area of Exception application to the City Commission. Site Plan Review and Appearance Board: -Approved landscaping modification for a vacant parcel on Congress Avenue which is enclosed by a chain link fence with the condition that the missing hedge materials along the north and west perimeters be replaced. -Approved site plan, architectural elevations and landscape plans for S.E. 9th Street Plaza. The Historic Preservation Board did not hold a business meeting during this period. ~ r I {II. t~ C I T Y COM MIS S ION DOCUMENTATION TO: QD HARDEN," CITY MANAGER THRU: D I~~~S~~OR DEPARTMENT OF PLANNING AND ZONING h~~~ FROM: JASMIN ALLEN, PLANNER I SUBJECT: MEETING OF JUNE 11, 1991 REPORT OF APPEALABLE LAND USE ITEMS MAY 29, 1991 THRU JUNE 11, 1991 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of May 29, 1991, through June 11, 1991. BACKGROUND: This is the method of informing the City Commission of land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: l. 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 May 29, 1991 thru June 11, 1991 Page 2 PLANNING AND ZONING BOARD MEETING OF JUNE 3, 1991 1. Approved by a vote of 6 to 0, the major site plan modification for Palm Cove (aka Delray Bay Apartments) , located south of Linton Boulevard on the west side of Homewood Boulevard. Concurrently, the Board granted relief from certain code requirements, namely, * Internal adjustments to allow the reduction of the front setback for three buildings. * Waivers to allow compact parking spaces, and, sodded parking spaces with the elimination of wheel stops and landscape islands. 2. Forwarded the GAE Application to the City Commission. This item will be considered at the City Commission June 11th meeting. SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF JUNE 5, 1991: 1. Approved the landscaping modification for a vacant parcel Cary Property) on Congress Avenue which is enclosed by a chain link fence. The landscape plan has been modified to show landscaping only along the fence adjacent to Congress Avenue, and not along the other perimeters as previously approved. This approval was granted with the condition that the missing hedge materials along the north and west perimeters be replaced. (Vote 6 to 0). 2. Approved the site plan, architectural elevations and landscape plans for S.E. Ninth Street Plaza to allow a 5,200 sq. ft. restaurant (Shoney's) and a 3,000 sq. ft. future retail building (Vote 6 to 0) No other appealable items. HISTORIC PRESERVATION BOARD: No Business meeting was held during this period. RECOMMENDED ACTION: By motion, receive and file this report. Attachments: Location Maps JA/#56/CCACT.TXT :ItA&. L-H I . - --- E SHWtooo 'ARIt ' I 1 C · i . r '.U I ~ m -- I I II \. JI) 1I /)-- I -ill ..- --.' .J I .. ~~..L. - JiiWii' -- M ~~ · I Ii) I I //', 1-. j __ ~ .IJ I i J = =y ~ ....[RJA1. VIllAS --J -- ;,....- - -, I...fJ{[VIEW : 1_ - t I : ~ COlT Clue / ~ I l ~ -..... ~ I "'=.. --"\ . ~ I' ,.- I I 11 ~ I I \' < / i ~ r ~ .. ~l ! JI I, I - 1~! ~ - lJ I --r- -.-- dTr- I ! .'1__ _ \ Y - g'~~NES I \1 j ~ I ": I ~ - ~J)2ND I ~cr. P; D i :. 9L .-J TH, INES or DElrU:t WI.e-y I SECTlO ~ L--..: : , : l ---i.... 7' ./ r ~ . " I I ~~ I ( i r I ...... ' 'I "'" ..... ,- ~ -r::I tJ\ 1 II i ~~EW ~ I I -,1 I -.", L1NT~U:VARD · J' _ -..L........ ~__. / ..n, D QlIIAL tl'fEDr T - 3. . ~? ~~~ I '",,11//; ~ ~~ >~ '~r'\ i ~ ~~~~ ~ ~ ~ SOUTH '\ ,. l // /~ ,. r ',' SPAIlISH ~ ~ 1 l.AU i 1-- tj:J ..us ~ ~, ~ · , ", 1'> \--; , 'I /?-/J .... / L/ . -J , -- . I~ /~ }----1 . ~ .\ , __ f--:{"" ! /~ I I ~: J t I' ..J ~ j~r) ! 1/ I :. ~ I: r~ I I ~ l- ----r- ~ Of~ r". / 11 ; f.--.j . I ~ lX\ n ~ !. .- ,\' -; I r---~ T \i I ~ ~ ~_u~~ , ) '< -.' \ 1111 t- . -rp-; ~ - 8- i -- J i-L I \ IH ~L! tN ,k I.J ~ l{ ....- - H ~- . ~,.J- III ~ ~ \ ( - .~' ~! I r11 \ ~ -i q : I I \, i I c=___ . - LAKE IDA PlAZA , I ~ ~\j 10 en ~ J ~ - ei ~ z 0 I u I PLAT WOLF ..... .. IF. ------..- ~ ~ ~ N ~ ~ t I I I ffiff8 ;::= s, L ~ r- "I 1 -!." L-..J J ITID ~ ~ I- I .,..A...!!! - - - ~ _ ~ _ I-- L"'\ - .Y. o _ ~ - f--- ~ -I E q :::--=--=- - & e--- ~ ~ -=- -- - ~ '--- _ ~ f--- _ e-- --= 1::--- = ,. _ _.'-- e--- _ 1:::: ~ ~ '-- _ ~_ L-- - - -~ -~--I====- JI- - _F--= - _"1 ~ L'-- . ~ ~ I -1 L-- "1 t:- -- ---= _ l I _~...!"' -- I c::::.::J =---- = , ~ _ I-- I -\ r. ~------..:-= _ I--- ~ - (I]]]] '.L , ~ _ ~ IT] c",-.r;- _ r - - --- - ~ _ I--- L-- - 1 ~ I---..~ I _ c==J J ..... _ L - - - _ ~ _ ~~ , 1-[ 1 ... ,_ -t ,----j ~ ~L '-- _I~E ~I II r~"'?-- _ L' r l -'- "' - '-- J If- = ~r-= 1_ -, t= 0 I--- h I~ - - - ~ - ----" _ _ ~ - I-- 1--,' rT~ _ ___ ------=~_ '-- I 1 _~~ _ _ _ - L -'.L'",~ 1 ... ~ __. I-----',- ;; _ == u r ~ .J L-- I -.', Z -= - ~ >- 1 s". ~ '-- I j~r -1 ==1~ · h' I <( _ l _ I ., _' TN - ~ ~.-JI ~ .-fl' ~ - ~ _ '--- I-- L _ a _ ST. - ~ 1-;1- - Lo.J _ _ _ L L _ '" ~ -.' 0 --., I T 1 f-- _ _ I-- - I~ ~K 10' <( _ ~>L '-- '- ~ _ _ ~.~ m L-' ~ >-\ _ ~ _ --r-~~ 17; w...J _ _ -I.' J 1 <( ~ " ~ . :tJ..... f-- ..... _ I--.J<- . Z' . f ~ V1 -, ~ - _& "-. ..J L ~ t-'S ~ ~ - <( T .,;J ~ I y~ ~o.-J J A S _,'_ lL J <( 1 ~(~" ~ ~ I ..# I'~ I · >.... ~ I -' fi I ./ - I &.~S~~i'F~STREEi'" I ~ , <1<'''' # L /<"J.> "" % ~ 'f w I -- I -- - - -- ~ fir L - - f.I ~ , I , -i I~ . . ~ . . f)?LuY- 6/1~ /91 -& MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER ( SUBJECT: AGENDA ITEM #C1B~ - MEETING OF JUNE 11, 1991 GOLF COURSE MASTER PLAN DATE: June 7, 1991 This item is before you for direction regarding improvements at the Municipal Golf Course. Attached as backup material for this item is an extensive staff report which outlines the proposed capital improvement projects, estimated cost of these improvements, and potential funding sources. Additionally, the Commission will need to determine whether the improvements will be completed through a change order to the contract with Tifton Turf Company or through the competitive bid process. Recommend prioritization and approval of capital improvements, approval of a funding source, and determine the method of contracting the approved capital improvements. - . [ITY DF DELAAY BEA[H , - . - - 100 N.W.1st AVENUE DELRAY BEACH. FLORIDA 33444 407/243-7000 MEMORANDUM -TO: David T. Harden, City Manager FROM: Robert A. Barcinski, Assistant City Manager/ Administrative Services SUBJECT: Agenda Item # City Commission Meeting June 11,1991 Golf Course Master Plan/Capital Improvements DATE: June 7, 1991 ACTION REQUESTED .J' City Commission is requested to review capital improvement recommendations received from Environmental Design Group and staff and . to provide the following direction: 1. Prioritize and approve a cap~tal improvement program, 2. Approve funding for the improvements; and 3. Based on improvements, determine whether the improvements can be completed through the change order process of bid process. FUNDING ~, ~, Since the workshop last week I met with Mr. Dubin to develop a revised fund balance projection for the\bperating fund and to determine the balance of funds available from the' Decade of Excellence Bond Fund. We are projecting year end operating revenue to be $1,293,000 with expenses at $1,282,000, for a projected balance of $9,000. Based on these projections I would. not recommend relying on the operating program as a source of funding for the capital improvements. As we have discussed, I would not recommend borrowing funding against next year's operating budgets projected fund balance. Funds would have to be borrowed from the General Fund then paid. back in next year's budget. I think it might be more prudent to plan improvements for next year and then perform ..the work, as funding becomes available. The balance in the bond account for this project as of this date is approximately $318,500. We can anticipate an additional $20,000 in interest earnings for a total available balance of approximately $338,500. ......_ re______ A.,.,.,,_ "...__~'" . CAPITAL IMPROVEMENT RECOMMENDATIONS As of this date I had not received a written report from Environmental Design Group with their recommendations. However, based o~ the verbal report received at your workshop last week and my discussions with Mr. Dubin this week the following capital improvement project recommendation is provided for Commission consideration: Project Estimated Cost 1- Fairway renovation/reseeding $150,000 2. '. Architect Design and Construct~on Mgt. Services 30,000 3. New sand for bunkers 15,000 4. Hole #1 - Removal and relocation of mound - right side of fairway 3,000 5. Hole 12 - Recontouring of fairway, berm along'- right side and partial fill in of the lake 9,000 6. Hole 13 - Berm fairway in front of canal 9,000 7. Hole 112 - Reconfigure bunkers in front of the green, irrigation changes, grass sprigs 4,500 8. Hole 116 - Berm along Atlantic Avenue 10,000 9. Greens - Strip, sand, minor shape changes, sprig with tip dwarf grass 80,000 10. Refurbish tee stantions, course restrooms 10,000 11. Contingency 18,000 $338,500 Mr. Dubin is discussing the possibility of bermingwithout utilizing fill from the lake at III hole with the architect (utilize fill from other areas of the course, any fill available from reseeding, and or purchase fill). At your workshop meeting last week Mr. Meroney from EDG suggested consideration of the following additional items: 1. Hole 111 - Remove division between lakes - interconnect , $14,000 2. Landscaping improvements hol~ 2, 3, & 16 $37,000 3. Bunker renovation -remove som~ bunkers, make some smaller, reconfigure other$ $15,000 Mr. Dubin also recommended consideration of resurfacing the existing cart paths, removing the cart paths on f4 hole and redirecting it to the left side of the fairway, and adding banana shape extensions to the cart path entries and exits. The estimated cost for these cart path improvements is $40,000. It did not appear at the workshop that there was Commission consensus to complete the green renovation work. If Commission does not wish to proceed with this item, Mr. .Dubin is recommending consideration be given to the following items: I 1. Landscape improvements at holes 2, 3 & 16 $37,000 i . 2. Cart path improvements and resurfacing $40,000 3. Hole fll - Remove division between lakes - interconnect $14,000 4. Bunker renovation - remove some bunkers, make i some smaller, reconfigure others, or $15,000 5. 'Additiona~ landsc~ping variable . . . . . Commission is advised that Mr. Dubin anticipates that the course would need to be closed an additional month if the green work were to be included. CHANGE ORDER VERSUS BID We are under contract with Tifton Turf Company to complete the fairway reseeding project. Work is scheduled to begin July 1st and end July 31st. The months of August and September are needed to grow the grass. It is critical that this timetable is adhered to in order to open October 1st. It would take approximately two to three weeks to complete specifications for bid for the additional projects, another two weeks minimum to bid, one week minimum to review bids and award, and a minimum of two to three weeks to receive executed contract documents including insurance and bonding information. The entire process would take approximately 40-45 days at best. The additional work would not be able to commence until approximately the 1st of August. This would in turn delay the fairway project, most likely add costs to the fairway project, and would not provide sufficient time to complete the work and allow for proper grass growth before reopening the course. The additional projects would need to be completed prior to, and in conjunction with, the fairway renovation project. The prime growing season is from June through October. It has been confirmed that Tifton Turf, Inc. can perform the additional work. The estimated cost of the additional projects to be completed by Tifton Turf depends on the options selected by Commission. This cost ranges from $35,500 to $115,500. The lower figure is based on the following: 1. Not doing the greens and completing cart paths under another existing contract, and 2. Completing the landscape work on holes 2, 3, and 16 under separate contract. This work does not have to be completed in conjunction with the fairway project. The higher figure includes hole #1, 2, 3, 12, and 16 improvements and green improvements. It does not include sandtraps, contingency, architect fees, stantion and restroom improvements, or the original contract for fairway improvements. The City Attorney will need to advise Commission on how to proceed based on the project selection. . ENVIRONMENT DESIGN GROUP Lou Planning Landscape Armitect ore CITY OF DELRAY BEACH MUNICIPAL GOL F COURSE - A PRELIMINARY ANALYSIS FOR 18 GOLF HOLES PREPARED BY ENVIRONMENT DE SIGN GROUP FRANK MERONEY - 1401 Forum Wa S' West P I 8 y, ulte 100 407.6:;'6:~:' Fl33401 Facsimile 407,684.6890 The following is a preliminary finding for 18 holes of golf for the Delray Beach Municipal Golf Course. These findings are related only to Architectural changes to the course and major functional landscape elements which should be implemented on a priority basis regarding functionality of the golf hole and city liability. Also included is a hole by hole projection of budget assignments. As a general recommendation, and not included in the budget, all pines which are in a declining state should be field tagged and removed as an on-going maintenance item. Also, additional landscape planting recommendations will be entertained once priorities, budget and Architectural changes are agreed upon. . DELRAY BEACH MUNICIPAL GOLF COURSE GOLF HOLE #1 PAR 4 386 Yards Handicap 9 - Modify existing hill at 230 yards out on right side of fairway. Open up landing area by relocating hill to outside fairway edge into two smaller berms. - Modify second bunker on let side of fairway at 260 yards out. Remove inside 1/2 of bunker to allow for greater landing area. - * Add 30 foot crescent ending to cart path at fairway and green. - Create native landscape area 100 yards out at left side of fairway by removing sod and supplementing with pine straw mulch. - Create native landscape area 300 yards out at left side approaching green by removing sod with round up and supplementing with pine straw mulch. - Back drop green with added planting of 5 Royal Palms at 30 foot overall height. - Approximate anticipated budget: $18,000 * Not included in $ budget ... GOLF HOLE #2 PAR 4 362 Yards Handicap 9 - * Add 30 foot crescent at cart path endings at fairway and green. - Cut terrace into fairway at edge of lake on left side of golf hole from 100 to 250 yards out. Re-grade edge of lake at waters edge. Grass slope continuous to water. - Haul and shape earth from terrace excavation to right side of fairway; creating continuous berming with three new bunkers from 150 yards out to 300 yards. Height of berming shall be 3-5 feet adjacent to rear lot lines at residential property. - Supplement new berming, right side of fairway with landscape consisting of 20 coconut palms and 20 sabal palms. - Remove 5 to 7 declining pines at 350 yards out; right side of green. - Modify second bunker at 340 yards out, left side of green by removing left 50% of trap. - * Add second level green area between left bunker and existing green. (Approximately 1000 sq. feet of new green.) - Add mounding with bunker spoils to left side of bunker along cart path, 3-4 feet in height. - Back drop green with 8 coconut palms 10-25 feet in height. - Approximate anticipated budget: $25,000 * Not included in $ budget GOLF HOLE #3 PAR 5 540 Yards Handicap 1 - * Modify tee area - via - mowing pattern to change angle of tee 15 degrees to left and by mowing one continuous tee area into three smaller ones. - Remove two weeping willow trees at left front tee, edge of lake. - Prune/limb up ficus tree at lake edge 150 yards out. - Modify lake edge at left side of front tees to facilitate minimum 5 - 1 slope down to waters edge. - Cut terrace into fairway, left side of fairway, from 170 yards out to 250 yards. Earth spoils to right side of golf fairway No. 2. - Modify bunker, right side of fairway, 250 yards out. Close in inside 50% of bunker. - Add three ficus shade trees, left side of fairway, 300 yards out to separate fairway from tee area at hole No. 2. - Regrade slope at canal approach to accommodate slight uphill slope to water/bank. Plant steep slope to waters edge with ground cover for stabilization. - Remove three melaleuka trees, west side of canal, right side of fairway, 500 yards out. Replace with three ficus shade trees. - Modify bunkers at both sides of green by closing in outside 50%. - Create earth mounding to backdrop green with spoils from terracing approach. Mounding shall be crescent shaped up to 5-6 feet in height. - Add bougainvillea groundcover at base of cart bridge crossing canal. - * Add 30 feet crescent ending to cart path at fairway and tees. - Approximate anticipated budget: $12,150 * Not included .i n $ budget GOLF HOLE #4 PAR 3 210 Yards Handicap 7 - * Modify - via - mowing, from on continuous tee to three individual tees: Blue, White, Red. - * Re-locate continuous cart path to left side of fairway and behind green. - Remove bunker/trap behind right side of green. Replace with shallow earth mound 3 feet in height. - Reduce size of remaining two bunkers at green by 30%. - Add palm mass planting at right side of green to separate from tee area and golf hole No. S . Twenty-five sabal palms: 1 ficus shade tree. - Approximate anticipated budget: $3,925 * Not included in $ budget iil ;I'! GOLF HOLE #5 PAR 4 342 Yards Handicap 15 - Remove first left fairway bunker at 240 yards. - Modify second, left fairway bunker at 260 yards by closing inside edge 30%, opening up landing area. - Remove third, right fairway bunker at 315 yards. - Create continuous waste bunker on left side fairway so as to separate golf hole No. 5 from fairway No. 6 . Waste bunker shall begin at bunker, left side, 100 yards from tee and continue to left side bunker at 260 yards (previously modified) . This waste bunker shall include portions of all left side bunkers which separate holes No. 5 and 6. - Add three ficus shade trees behind green for back drop. - * Add 30 foot crescent to both cart path endings at tee and approach to green. - Approximate anticipated budget: $2,950 * Not included .in $ budget GOLF HOLE #6 PAR 5 439 Yards Handicap 11 - * Add 30 foot crescent to cart path endings at tee and approach to green. - Modify/close outside 50% of first bunker, right side fairway at 190 yards. Also flatten slope of remaining bunker inside fairway edge. - Modify/close first left and second left fairway bunkers at 220 yards and 260 yards (open up fairway landing zone). Include these bunkers in new, continuous waste bunker from fairway No. 5. - Add three ficus shade trees at right fairway side at 200 yards to right of existing bunker. - Modify/close front 50% of right fairway bunker at 400 yards. - Modify/close front 50% of left fairway bunker at 430 yards. - Modify/close front 25% of right bunker at green, 475 yards. - Add two ficus shade trees at left rear back drop to green and golf hole No. 7 tee area. - Approximate anticipated budget: $3,250 * Not included in $ budget GOLF HOLE #7 PAR 4 382 Yards Handicap 5 - * Add 30 foot crescent to cart path endings at fairway and approach to green. - Modify/close inside 50% of bunker, left side fairway at 280 yards. - Modify/close inside 30% of bunker, left side fairway at 330 yards. - * Modify tee box - via - mowing into two separate tees and change angle 15 degrees to the right. - Modify/close in outside 30% of left side bunker, approach to green, at 400 yards out. - Approximate anticipated budget: $600 * Not included in $ budget GOLF HOLE #8 PAR 3 157 Yards Handicap 17 - * Modify tee box - via - moving from one continuous tee for blue and white markers into two separate tees. - Add Ladies tee box forward of cart path at edge of canal. - Modify bunker/trap at left forward side of green. - Close in/remove bunker to rear of green. - Add earth mounding in crescent shape around rear of green for enframement and separation for golf hole No. 9 tee box. - Add five royal palms (30 feet o.a.) to rear of green, also for enframement and separation of tee and green. - Add ground cover planting at canal slope for stabilization, forward of green. - Prune/limb up ficus to right side of green and create native area by removing sod and replacing with pine straw mulch. - Remove brazilian pepper at bank. - Approximate anticipated budget: $17,000 * Not included in $ budget GOLF HOLE #9 PAR 4 413 Yards Handicap 3 - * Modify tee area into two separate tees - via - mowing. - Remove bunker, right side fairway at 230 yards out. - Modify/close in back left 50% of left fairway bunker at 250 yards out. - Modify/close in inside 50% of right fairway bunker at 280 yards out. - Create shallow berm (5 feet) behind right rear of green to screen putting green, and back drop green while allowing view from clubhouse restaurant. - * Add 30 feet crescent at cart paths located at fairway and approach to green. - Approximate anticipated budget: $1,000 * Not included in $ budget GOLF HOLE #10 PAR 5 537 Yards Handicap 8 - * Add 30 foot crescent to cart path ending at tee area and approach to green. - * Modify tee box area - via - mowing and re-align angle 15 degrees left. - Create berming at left side of fairway at 230 yards to 290 yards. This earth work shall be created while excavating lakes at golf hole #11. - Create second berming at left side of fairway at 340 yards to 400 yards out. This earth work shall be created while excavating lakes at golf hole #11. - Create terrace along lake edge, right side of fairway, from 300 yards out to existing ficus trees (430 yards). - Eliminate bunker at right side of fairway (under ficus) at 430 yards and push spoils into shallow mound. - Modify/close in back 50% of left bunker approach to green. - Modify/close in inside 50% of right side bunker, approach to green. - Add six ficus trees to left side of fairway along newly created berming, along lake edge of golf hole #11. - Remove existing melaleuka trees behind green and replace with three jacaranda trees to back drop green. - Approximate anticipated budget: $7,650 * Not included in $ budget GOLF HOLE #11 PAR 4 391 Yards Handicap 6 - Modify - via - mowing and grading of tee box area to create three separate tee areas instead of one continuous one. Also raise tees in staggered heights: blue tee 4 feet; white tee 3 feet and one foot. (Allows better view of lake hazard.) - * Add 30 feet crescent to cart path endings at tee and approach to green. - Excavate existing area between lakes creating one lake -vs- two. - Earth spoils from lake excavation shall be transported and shaped into berming along right side of fairway continuous from 180 yards out to 330 yards. Earth spoils shall also be used to create mounding along golf hole No. 16 along Atlantic Avenue. - Close in bunker, right side of fairway at 350 yards out. - Close in outside 50% of left side bunker at green. - Close in bunker at right side green, create three smaller pot bunkers. - Approximate anticipated budget: $14,600 * Not included in $ budget GOLF HOLE #12 PAR 3 183 Yards Handicap 18 - * Modify tee box area - via - mowing eliminating long continuous tee and creating three separate tee areas. - Add five ficus or java plum shade trees to further separate tee box from 18th fairway. - * Relocate cart path continuously to left side of fairway. - Modify left side bunker at green into crescent shape wrapping front side of green. - Modify right side bunker at green into crescent shape wrapping front side of green. - Create berming behind green for back drop with spoils from bunker and fairway excavation. - Add 50 pines at right side of fairway connecting into existing native area. - Approximate anticipated budget: $8,000 * Not included in $ budget GOLF HOLE #13 PAR 4 440 Yards Handicap 2 - * Relocate cart path to left side tee box away from 12th green and right side of front Ladies tee. - Close in bunker, left side fairway at 230 yards out. - Close in bunker, left side fairway at 260 yards out. - Close in bunker, right side fairway, at 400 yards out, push spoils from bunker into shallow earth berm. - Close in outside 30% of bunker, left side of green. - Close in rear 50% of bunker, right side of green. - * Add 40 foot crescent to cart path ending at approach to green. - Approximate anticipated budget: $1,000 * Not included in $ budget GOLF HOLE #14 PAR 4 357 Yards Handicap 16 - * Add 30 foot crescent to cart path endings at tee and approach to green. - * Modify tees - via - mowing to eliminate long continuous tee area and create two smaller tees. - Add Ladies tee. - Close in bunker, right side of fairway, at 230 yard out. - Close in bunker, left side fairway, at 280 yards out. - Modify/close in out side 50% of bunker at rear, outside of green. - Add 50 sabal palms to left side of fairway for separation from 16th fairway. - Approximate anticipated budget: $7,050 * Not included in $ budget GOLF HOLE #15 PAR 3 173 Yards Handicap 12 - Modify left side bunker at green by creating three smaller pot bunkers. - * Add 10-12 small pot bunkers along lake edge to right outside of green. - * Add future bulkhead around edge of lake. - * Add palm mass to right side and rear of green. - Approximate anticipated budget: $600 * Not included in $ budget . GOLF HOLE #16 PAR 4 407 Yards Handicap 4 - * Modify - via - mowing, tee box area from one continuous tee, creating two tees. Also, modify angle of tees 15 degrees to left. - Add 11 ficus shade trees to right side of fairway continuous from tees to green approach. - Modify/close in bunker, right side of fairway by 30% at 260 yards out. - Close in left side bunker, approach to green. - * Add 30 feet crescent to cart path endings at tee and approach to green. - Add mounding to right side of green to separate from Atlantic Avenue. - Add coconut palms to right side of green at newly created berming. - Create continuous berming along right side of fairway for separation from Atlantic Avenue. Earth spoils are to be taken from golf hole No. 11 excavation. - Add shrub mass to newly created earth berming to separate golf fairway from Atlantic Avenue. - * Add future country club wall (serpentine) along Atlantic Avenue at green and tee areas. - Approximate anticipated budget: $26,000 * Not included in $ budget . GOLF HOLE #17 PAR 4 387 Yards Handicap 10 - * Modify - via - mowing tee box from one continuous tee area creating three smaller tees. - Modify/close in front 50% of bunker, right side fairway at 280 yards out. - Close in bunker, left side fairway at 330 yards out. - Modify/close in rear 50% of bunker, right side of green. - * Add 30 foot crescent to cart path endings at tee area and approach to green. - Approximate anticipated budget: $600 * Not included in $ budget GOLF HOLE #18 PAR 4 497 Yards Handicap 14 - * Add 30 foot crescent to cart path endings at tee area and approach to green. - Eliminate/close in bunker in center of fairway at 260 yards; create berming at spoils at right side of fairway. - Eliminate/close in first and second bunker, right side, approach to green. - Approximate anticipated budget: $800 * Not included in $ budget BUDGETS SUMMARY GOLF HOLE #: 1 18,000 2 25,000 3 12,150 4 3,925 5 2,950 6 3,250 7 600 8 17,000 9 1,000 10 7,650 11 14,600 12 8,000 13 1,000 14 7,050 16 26,000 17 600 18 800 SUMMARY: TOTAL BUDGET: $150,175 " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: W CITY MANAGER SUBJECT: AGENDA ITEM # qB . .Q., - MEETING OF JUNE 11 , 1991 GOLF COURSE DESIGN AND CONSTRUCTION MANAGEMENT AGREEMENT DATE: June 7, 1991 This item is before to approve an agreement with Environmental Design Group for landscape renovation design and construction management services in conjunction with the Municipal Golf Course project. The scope of service contained in this agreement includes conceptual design and cost estimates, final design for priqrity holes, design completion for the entire golf course, and on-site construction management services for the first phase of construction. The cost of these services is $30,000. A fixed fee of $20,000 is being charged for design work, the additional $10,000 is for construction management. Funding is available in the Decade of Excellence Bond Issue (Account No. 225-4762-572-33.15) . Recommend approval of an agreement in the amount of $30,000 between the City and Environmental Design Group for landscape renovation design and construction management services in conjunction with the Municipal Golf Course project with funding from the Decade of Excellence Bond Issue (Account No. 225-4762-572-33.15). f1ppu9{j-(fL 1-1-0 Lvd:A (1~dJLd <1--. (!d<f ~~ ) i6 u~ cru:t l/)./}1.~Ll~J llTY DF DELRAY BEA[H 100 N W 1,; AV:::,'JUE DELriAY BEACH FLORIDA 33444 ~07'143 ' MEMORANDUM TO: David T. Harden, City Manager FROM: n~Robert A. Barcinski, Assistant City Manager/ ~ Administrative Services SUBJECT: Agenda Item # City C9mmission Meeting June 11, 1991 , Golf Course Design and Construction Mgt. Services Agreement DATE: June 7, 1991 ACTION City Commission is requested to approve an agreement with Environmental Design Group to provide design and construction management services for golf course improvements. Work to include conceptual design and cost estimates, final design for priority holes, design completion for the entire golf course, and on-site construction management services for the first phase of construction. Cost of the services is $30,000 with funding to come from the Decade of Excellence Bond Fund account code #225-4762-572-33.15. A total of $20,000 is a fixed fee and $10,000 is a set-aside for construction management. BACKGROUND At your April 2nd workshop, City Commission directed Mr. Dubin to hire a golf course architect to develop a conceptual course improvement plan, not to exceed $10,000. Mr. Dubin contacted five firms and received proposals from two firms. Representatives of both firms were interviewed by Mr. Dubin. Environmental Design Group was selected by Mr. Dubin to perform the conceptual design work, part I of the attached agreement. Commission is being requested to approve the attached agreement which expands the scope-of-services to include design and construction management services. RECOMMENDATION Recommend approval of agreement with Environmental Design Group. RAB:kwg THE E r FORT A L','J A Y::) 1VI", IT E R ::; . -. - -~ ------- - - - --- .- - ---. -- --- -.- -.. --_.~. - ' .. .---- - -... --..-.. ^ ^-~--_.._----- --~-._- -- .._--- .----.--.. DUBIN & ASSOCIATES MA Y 29, 1991 PAGE 2 , - -- . PART III. DESIGN & DOCUMENTATlONIREMAINING HOLES Our Ref. 91()()8.02 - The next priority will be geared to general visual aesthetics for the remainder of the golf oourse: holes I through 9 (Nic 213) and 10 through 18 (Nic 11/16). Recommendations will include desi8!l. construction documents and cost projections. This work may be phased over several years starting with trees and moving into sluubs and flower accents and will also include the parking lot island at the Clubhouse entry way. PART IV. CONSTRUCTION OBSERVATION Our Ref. 91008.03 - This phase is necessary to properly implement all design drawings. It will include assistance with contract bid&g. contractor selection. and construction observation necessary to carry out the work. This phase of wort will also be coordinated with fairway grassing and cart path construction. and will involve the expertise and scheduling of your golf course superintendent. PART V. GENERAL ACCOUNT Our Ref. 91008.04 Additional services. required as a result of substantial changes in the established project program. constraints or other major changes in project concept or as requested by the Oient. will require proper authorization by the Client and will be billed at the hourly rates referenced herein. Other additional services are: - Preparation of more than the specified number of preliminary and fmal site plans referenced above. - Attendance at meetings with surrounding homeowners or homeowners groups to discuss impact of proposed design. - Additional meetings with elected and appointed officials to review proposal prior to public hearings. . - Additional support gniphics deemed necessary for the successful presentation to the reviewing bodies to include additional building plans. sections and/or elevations. - Revisions to the site plan and support. graphics as a result of conditions of approval placed upon the project by any approving body. - Preparation for any of the above-referenced additional meetings and follow-up coordination with Client/Consultation team. -----~.-- -..--.-.-- -- --------. -- - -~._------ --- -----...--..-.-.-.. . , . ......... . DUBIN & ASSOCIATES MA Y 29. 1991 PAGE 4 , - - Hourly rates are subject to change upon thirty (30) days written notification. IUs further understood that. in case the Client fails to make any payments when due. in full. within thirty (30) days of the receipt of notification as to the amounts then due. the Consultant may elect not to perform any further services pursuant to this Agreement and all payments already made shall be retained as liquidated dainage and the Consultant may elect to terminate the Contract. In connection with any litigation. including appellate proceedings arising out of this Agreement. the Consultant shall be entitled to recover from the Qient any amounts due and/or unpaid. together with costs. interest and reasonable attorney's fees. Thank you for this opportunity to provide the Master Planning/Landscape Architectural Services required for your project. Receipt of the signed original proposal together with the Retainer invoiced. shall be our authorization to proceed. The duplicate original enclosed is for your files. FM/cva cc: James Towery. Vice President APPROVED AND ACCEPTED THIS DAY OF . 1991. BY: AUTHORIZED AGENT FOR DUBIN & ASSOCIATES --- -- .--- .-.+- -- ------ -, ENVIRONMENT DESIGN GROUP I.aIII PIHIiIg ....... ArcWtedwt . - , -. May 29, 1991 Dubin & Associates 800 Palm Trail Delray Beach, FL 33483 - Atb1: Mr. BraIun Dubin RE: DELRAY BEACH MUNICIPAL GOLF COURSE - REF. #91008.00, 91008.01, 91008.02, 91008.03, 91008.04 - FIXED FEE Dear BraIun. This proposal is submitted by ENVIRONMENT DESIGN GROUP, hereinafter referred to as the "Consultant". DUBIN AND ASSOCIATES, hereinafter referred to as the "Client". It is our understanding that we will be preparing design plans for Landscape renovation for your Municipal Golf Course project. location within the City of Delray Beach. Florida. on Atlantic A venue. Design Services will be organized into dae following phases of work: PART I. INVENTORY & ANALYSIS REPORT 8-1/2 X II Our Ref. 91008.00 - Initially our work will focus on a wrinen report (8-1/2 x 11) which will study each golf hole as an inventory and analysis step. In this phase. suggestions will - be made as to conceptual design and discussion outlining areas and general improvements which can be feasibly implemented as remedy. FWlCtlon and playability will be our first challenge followed by pure visual aesthetics. Solutions will also suggest preliminary budgets for all improvements. * Includes one public presentation @ 3 hours PART II. DESIGN & DOCUMENTATlONIPRIORITY HOLES Our Ref. 91008.01 3 I'l. - Second priority will be given to problem holes, No.2," and No. 1!l & 16 with detailed design. construction documentation drawings and wrinen specifications for all improvements. Also. included will be a more. refmed judgment of construction costs. 1401 folUm Way, Suit, ioo West Palm Beach, Fl33401 407.619.6100 facsimie 407,684,6890 -~ _..-----------_.__....---~----_.. --- ------------..---- --- -",....-.-...-----...---.------- DUBIN & ASSOCIATES MAY 29. 1991 PAGE 3 , - -- ~ FEES: The following fees plus any nonnal reimbursable expenses for this project shall be satisfactory compensation. PART I. Our Ref. 9l008.00 - Fixed Fee...................$ 8.625.00 > "20,<>00 PART n. Our Ref. 9l008.0l - Fixed Fee...................$ 3.600.00 -, PART III. Our Ref. 9l008.02 - Fixed Fee...................$ 7.775.00 PART LV. Our Ref. 9l008.03 - Hourly.....................:$ See Hourly Rate (To be authorized by the Oient) PARTV. Our Ref. 9l008.04 - Hourly......................$ See Hourly Rate (To be authorized by the Oient) EXPENSES: - Reimbursable expenses shall include reproduction. travel. courier. parking paint. flags and telephone and shall be billed on a monthly basis in addition to Professional Service Fees. AU vendor reimbursables shall be charged @ $1.15 of direct cost TERMS: - All balances shall be due upon receipt. Invoices shall be considered past due thirty (30) days from date of billing without further authorization. - The Oient shall be responsible for a twelve percent (l2%) carrYing charge on all past due aCCOWlts.. - Fees are subject to renegotiation if scope of services is not completed within four (4) months due to delays beyond the Consultants control. - The Consultant shall not be responsible for any application fees if required. - The Consultant shall not be responsible for any professional Services or fees other than those specifically referenced in this agreement - Payment of fees do not in any way depend upon development approval by the City/County or any other reviewing body. - The tenns of this Agreement may be null and void if not accepted in thirty (30) days. ConstJUCtion as that tenns is generally understood. and ENVIRONMENT DESIGN GROUP does not provide landscape architectura1 services during the constJUCtion. including on-site monitoring. site visits. shop drawing review. design clarifications. etc.. d1e Client agrees to indemnify and hold hannless ENVIRONMENT DESIGN GROUP from liability arising out of. or resulting fonn. acts or omissions in the perfonnance of said architectural services during consl1UCtion by the aient. and those agents. employees. or subcontractors other than ENVIRONMENT DESIGN GROUP. nOURL Y RATES - GOLF COURSE ARCHITECf $IOO/HR - PRINCIPAL LANDSCAPE ARCHITECf, $75/HR - PROFESSIONAL SUPPORT $45/HR - TECHNICAL SUPPORT $25/HR ~ , " ~~ 1-/--6 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER q C SUBJECT: AGENDA ITEM # - MEETING OF JUNE 11, 1991 AUTHORIZATION TO SUBMIT AN APPLICATION FOR GEOGRAPHIC AREA OF EXCEPTION DATE: June 7, 1991 This item is before you to authorize staff to submit an application to the Palm Beach Countywide Planning Council for a Geographic Area of Exception (GAE). Pursuant to a Countwide Traffic Performance Ordinance (TPO) a uniform level of service standard is established on all non-municipal roads. In its current form the TPO does not allow us to fully develop the downtown areaj the GAE application is the vehicle by which we can request a variance to the TPO in order to accommodate future downtown redevelopment. At your June 4th Special/Workshop meeting the Commission heard a report on the status of the GAE application. The application has been prepared under the auspices of the City's Community Redevelopment Agency (CRA). Preparation of the application has involved a community work session and ongoing review by the CRA. The information contained in the application involves Test I, projected traffic volume, data only. The computer model for Test II analysis in not available at this time. The general consensus it that there will not be significant changes in the conclusions and the level of service deviations upon completion of the Test II work. Therefore, it is appropriate to forward the application without the Test II results. The Planning and Zoning Board at their June 3rd meeting made findings that the associated development scenario is consistent with policies of the Comprehensive Plan and that the proposed deviations, from adopted levels of service, are acceptable. Additionally, it was recommended that should Test II analysis results significantly vary from the conclusions or requested deviations, that the application be brought batk before the Planning and Zoning Board for review and recommendation. Recommend authorization be granted to file the application for Geographic Area of Exception with the Countywide Planning Council and that Test II results be inserted into the application upon availability. ~ . . vK M C I T Y COM MIS S ION DOC U MEN TAT ION TO: cJ:DE\:: MANAGER FROM: D ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 11, 1991 AUTHORIZATION TO SUBMIT AN APPLICATION FOR A GEOGRAPHIC AREA OF EXCEPTION ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of directing the Administration to file a formal application for a Geographic Area of Exception (GAE) from the Palm Beach County Traffic Performance Standards Ordinance (TPO). BACKGROUND: Pursuant to a Countywide Traffic Performance Ordinance ( TPO) , a uniform level of service (LOS) standard is established on all non-municipal roads. In order to accommodate more intense Central Business District (CBD) development, there are provisions in the TPO for exceptions. In these exception areas, a more liberal LOS may be established by action of the Board of County Commissioners. To obtain a GAE, a formal application must be submitted to the Countywide Planning Council in a form prescribed by that body. Such an application has been prepared, under the auspices of the City's Community Redevelopment Agency ( CRA) . Preparation of the application has involved a community work session and ongoing review by the CRA. A copy of the application is provided to Commissioners under separate cover. A briefing of the application I,...,as provided during a work session held on June 4, 1991. The information contained in the application involves data only for Test I as it pertains to the TPO. The computer model (controlled by the County) is not available for Test II analysis at this time. It is the collective staff and consultant opinion that there will not be significant changes in the conclusions and the LOS deviations upon completion of the Test II work. A . . . . City Commission Documentation Authorization To Submit An Application For A Geographic Area Of Exception Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at a Special Meeting held on June 3rd. The Board has made findings that the associated development scenario is consistent with policies of the Comprehensive Plan and that the proposed deviations from adopted levels of service is acceptable in light objectives and policies associated with downtown redevelopment. And, further, that if the Test II analysis results in any significant change in the conclusions or requested deviations, that the application come again before the Board for review and recommendation. RECOMMENDED ACTION: By motion, direct the Administration to file the application with the Countywide Planning Council and to insert Test II results IJIlhen such data becomes available pursuant to the findings and recommendations of the Planning and Zoning Board. Attachment: * GAE Application, under separate cover DJK/#83/CCGAE.TXT . PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: BERT A. BARCINSKI, ACTING CITY MANAGER ~~ FROM: VID J. OVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING DATE: JUNE 11, 1991 SUBJECT: G.A.E. - FULTON INQUIRIES OF JUNE 10TH The following information is provided in response to Ann Fulton's most recent set of inquiries regarding the G.A.E. application and the "Swinton Avenue Protection" effort. Since the G.A.E. application is before the City Commission this evening, I anticipate her inquiries being aired. #1 Is Swinton Avenue, from SlOth St to N 4th St (Lake Ida) , protected from 4-laning with this GAE application? No. The GAE would provide that proposed development in the CBD-GAE area would not be prohibited from occurring if LOS "D" is not met. It also provides that neither the City nor the new development would be required to make improvements for four-laning. #2 Does this G.A.E. jeopardize the City's changes to secure jurisdiction of Swinton Avenue? No. The issue of jurisdiction is to be decided upon review and change to the functional classification of Swinton Avenue i.e. a change from a County Collector to a City Collector roadway. #3 Is the use of a four-lane, 2010 MPO Traffic Plan scenario in this application detrimental to the City's present position and desire to keep Swinton Avenue two-laned? No. There have been some additional changes to both the 2010 Plan and the input to the Test II Model with respect to Swinton Avenue. First, Swinton Avenue - north of Lake Ida Road - is now shown as a two lane facility north of Lake Ida Road on the Plan. It is also used as such in the Test II Model. Second, while the Plan shows Swinton Avenue as four lanes south of Atlantic Avenue, the Test II Model is using it only as a two laned facility (this input data is being verified). To: Robert A. Barcinski, Acting City Manager . Re: G.A.E. - Fulton Inquires of June 10th Page 2 #4. What is the City~s best strategy, with regard to the County Road Dept., the GAE, and the CRALLS process, that would assure the City of a scenic, two-laned, and non-County thoroughfare on Swinton Avenue? There are two strategies which can be pursued. One is to have Swinton Avenue removed from the County Thoroughfare Right-of-way Protection Map. To do so necessitates an: amendment to the County's Traffic Element of its Comprehensive Plan. To proceed with such an undertaking, we (the City) should use the data gained from the GAE application and work with Boynton Beach and Boca Raton in developing a unified position with respect to the Swinton/Dixie cooridor. The unified position should then be presented to the County in the form of a request tOe their Traffic Element. d~ The second is to pursue a "reduction in width" as allowed pursuant to Article 13, Section 5, of the County Traffic Performance Ordinance. The difference between this option and the first option is that the Swinton corridor would remain designated as a County Collector and would remain within their jurisdiction. However, the laneage would be reduced to two lanes on official maps. #5 Isn't it appropriate and timely to concentrate efforts toward that goal and to direct staff to establish such a strategy? I believe that we are working on such a strategy. However only one step can be taken at a time. The first step has been the consensus of the City Commission to pursue the "preservation" of Swinton Avenue. The second step is the accumulation of data which is being accomplished through the G.A.E. application preparation process. We are still in that process. There have been advocates of pursuing a political solution by simply approaching the Board of County Commissioners. I strongly recommend against such a strategy for an action taken without adequate supporting data can be relatively easily reversed at a later data. However, a decision made on good data can be defended and retained. Also, there is no programmed activity which involves physical improvements which would add laneage to Swinton Avenue. To do so requires an amendment to the County Comprehensive Plan and the City Comprehensive Plan. Also, at least a five-year planning period is factored in once a need to widen a roadway is established. Thus, there is no urgency to proceed because of a threat of actual improvements. To: Robert A. Barcinski, Acting City Manager Re: G.A.E. - Fulton Inquires of June 10th Page 3 #6. Re reference to 5/29/91 letter re City's position in favor of 2010 MPO Traffic Plan and four-laning from S 10th to Lake Ida Road - request for documentation. The situation occurred when the MPO Plan was being worked on some years ago. The final position acknowledged Swinton as four laned between Lake Ida and 10th. However, the City's Traffic Element does not show Swinton as four-laned other than between the 2nd Streets. There are no projected . needs for four-laning in the Traffic Element. The current City Commission has expressed a consensus to retain Swinton in its current capacity. The current City Commission has requested that a formal resolution be presented to them whereby they will request the County Commission to modify its planning documents to reflect the long term improvement of Swinton to be only as it is today. The context of Mr. Harden's letter of Ma~ 29th dealt with~ County Plan reflecting the City Commissions formal position at the time of designation of the laneage. I will obtain the documentation and provide it to Mrs. Fulton in a timely manner. DJK/dlm DJK/82/PROTECT.TXT , SWINTON AVENUE PROTECTION RE: GEOGRAPHIC AREA OF EXCEPTION DATE: JUNE 8, 1991 IN ORDER TO FULLY UNDERSTAND THE GAE APPLICATION, AND TO CLEARUP SOME PREVIOUS MIS-UNDERSTANDINGS, I BELIEVE ANSWERS TO THESE QUESTIONS AND COMMENTS ARE APPROPRIATE. IS SWINTON AVENUE, FROM S. 10TH ST. TO N. 4TH ST (LAKE IDA), PROTECTED FROM 4-LANING WITH THIS GAE APPLICATION?????? DOES THIS GAE JEOPARDIZE THE CITY'S CHANCES TO SECURE JURISDICTION OF SWINTON AVENUE???????? IS THE USE OF A 4-LANE, 2010 MPO TRAFFIC PLAN SCENERIO IN THIS APPLICATION DETRIMENTAL TO THE CITY'S PRESENT POSITION AND DESIRE TO KEEP SWINTON AVENUE 2-LANED??????? WHAT IS THE CITY'S BEST STRATEGY, WITH REGARDS TO THE COUNTY ROAD DEPT, THE GAE, AND THE CRALLS PROCESS, THAT WOULD ASSURE THE CITY OF A SCENIC, 2-LANED, AND NON-COUNTY THOROUGHFARE ON SWINTON AVENUE??? ISN'T IT APPROPRIATE AND TIMELY TO CONCENTRATE EFFORTS TOWARD THAT GOAL AND TO DIRECT STAFF TO ESTABLISH SUCH A STRATEGY????????? IN REFERENCE TO MR. HARDEN"S COMMENTS IN A LETTER OF 5/29/91, WHEN WAS THE CITY"S POSITION IN FAVOR OF THE 2010 NPO TRAFFIC PLAN AND 4-LANING FROM S. 10TH ST TO LAKE IDA?????? I WOULD LIKE TO SEE THAT DOCUNENTATION. MANY PEOPLE HAVE BEEN LED TO BELIEVE OTHERWISE! ! ! ! ! ! ! .. THANK YOU ~~ PLEASE KEEP IN MIND THAT REFERENCES TO "SWINTON AVENUE" SHOULD BE UNDERSTOOD AS ALL OF SWINTON AVENUE. OFTEN TIMES DISCUSSIONS TURN TO THE SITUATION NORTH OF LAKE IDA AND THE SOUTH 14 BLOCKS ARE LEFT UNDISCUSSED AND THEREFOR UNPROTECTED. SWINTON AVENUE PROTECTION RE: GEOGRAPHIC AREA OF EXCEPTION DATE: JUNE 8, 1991 IN ORDER TO FULLY UNDERSTAND THE GAE APPLICATION, AND TO CLEARUP SOME PREVIOUS MIS-UNDERSTANDINGS, I BELIEVE ANSWERS TO THESE QUESTIONS AND COMMENTS ARE APPROPRIATE. IS SWINTON AVENUE, FROM S. 10TH ST. TO N. 4TH ST (LAKE IDA), PROTECTED FROM 4-LANING WITH THIS GAE APPLICATION'?????? DOES THIS GAE JEOPARDIZE THE CITY'S CHANCES TO SECURE JURISDICTION OF SWINTON AVENUE???????? IS THE USE OF A 4-LANE, 2010 MPO TRAFFIC PLAN SCENERIO IN THIS APPLICATION DETRIMENTAL TO THE CITY'S PRESENT POSITION AND DESIRE TO KEEP SWINTON AVENUE 2-LANED??????? WHAT IS THE CITY'S BEST STRATEGY, WITH REGARDS TO THE COUNTY ROAD DEPT, THE GAE, AND THE CRALLS PROCESS, THAT WOULD ASSURE THE CITY OF A SCENIC, 2-LANED, AND NON-COUNTY THOROUGHFARE ON SWINTON AVENUE??? ISN'T IT APPROPRIATE AND TIMELY TO CONCENTRATE EFFORTS TOWARD THAT GOAL AND TO DIRECT STAFF TO ESTABLISH SUCH A STRATEGY????????? IN REFERENCE TO MR. HARDEN"S COMMENTS IN A LETTER OF 5/29/91, WHEN WAS THE CITY"S POSITION IN FAVOR OF THE 2010 MPO TRAFFIC PLAN AND 4-LANING FROM S. 10TH ST TO LAKE IDA?????? I WOULD LIKE TO SEE THAT DOCUMENTATION. MANY PEOPLE HAVE BEEN LED TO BELIEVE OTHERWISE!!!!!! ! THANK YOU ~~ PLEASE KEEP IN MIND THAT REFERENCES TO "SWINTON AVENUE" SHOULD BE UNDERSTOOD AS ALL OF SWINTON AVENUE. OFTEN TIMES DISCUSSIONS TURN TO THE SITUATION NORTH OF LAKE IDA AND THE SOUTH 14 BLOCKS ARE LEFT UNDISCUSSED AND THEREFOR UNPROTECTED. . . MElo10RANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tlt-1 SUBJECT: AGENDA ITEM # 1D - MEETING OF JUNE 11 , 1991 . ADDENDUM TO TENNIS PROFESSIONAL CONTRACT DATE: June 7 , 1991 This is an addendum to the Tennis Professional contract between the City and Edward Foster which extends the contract termination date one year, until September 30, 1992. This addendum provides for renegotiation of the $75 monthly rental fee should we relocate to a new facility; contains a provision for the Tennis Pro to conduct five junior tennis tournaments using his own resources; and, allows him to keep the revenues derived from those tournaments as compensation for his expenditures. Revenues from other tournaments shall be deposited with the City. All other provisions agreed upon in the original agreement remain unchanged. Recommend approval of addendum to the Tennis Professional contract between the City and Ed Foster extending the contract termination date until September 30, 1992. GPfXCKkLfL ()J>> u1nuJndJJ:{l ( /. e~ OJ J.1unL~'.rW.i:r2- ~6tL1) ~13~1-/ QD JUdi.ij7ufarxS{ '1-- vU;YlMfn'~A-) - . ADDENDUM TO TENNIS PROFESSIONAL CONTRACT This Addendum entered into this day of , 1991 between the City of Delray Beach, Florida ("City") and Edward Foster ("Tennis Pro"), hereby renews for. a period of one ( 1 ) year, the Tennis Professional Contract entered into on September 16, 1986 (the original agreement). NOW, THEREFORE, in consideration of the mutual promises contained herein, it is agreed by and between the City and the Tennis Professional that: 1. The renewal of this contract pursuant to paragraph 1 (d) of the original agreement, shall be for a one year period commencing on October 1, 1991 and shall end at the close of business on September 30, 1992. 2. The seventy-five dollar ($75.00) monthly rental fee referred to in paragraph 4(e) of the original agreement and paragraph 3 of the addendum remains unchanged, but is subject to renegotiation at the City's request, at such time the City has located its new Tennis Center. 3. The Tennis Professional shall receive a salary increase and performance bonus as provided for general employees. 4. As a clarification of the current contract, the Tennis Pro shall pay all expenditures for registration, trophies, balls, etc. and receive all revenues from the five ( 5 ) junior tennis tournaments held each year. All revenues from other tournaments shall be deposited with the City. ~.. All other terms and conditions of the original agreement dated September 16, 1986 and the addendum entered into in 1988, 1989, and 1990 shall remain unchanged and in full force and effect. CITY OF DELRAY BEACH, FLORIDA By: David T. Harden, City Manager ATTEST: City Clerk Ed Foster Tennis Professional Approved as to Legal Form and Sufficiency: Assistant City Attorney -- ~o/X~- 3.- / (J) ()O e &..i.J 5 D/S5&JTlfJ9 ) MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER qE SUBJECT: AGENDA ITEM # - MEETING OF JUNE 11, 1991 CHANGE ORDER NO. l/EMERGENCY WELLFIELD ASSESSMENT, PROTECT- ION AND REMEDIATION DATE: June 7 , 1991 This is a change order in the amount of $14,141 and extending the contract completion date by 39 days to the contract between the City and Poole and Kent to accommodate recommended changes suggested by CH2M Hill, consulting engineers, for the Emergency Wellfield Assessment, Protection, and Remediation project. The tasks to be completed under this change order are as follows: -Relocation of tank T-4-1 from west side to north side of treatment plant parking lot. -Delete overflow tank and pump, 10 gallon day tank, and valve pit. Add two inch check valve at Water Treatment Plant. -Delete removal and disposal of three above ground fiberglass storage tanks at Water Treatment Plant. -Delete providing and installing three above ground fiberglass storage tanks at Water Treatment Plant. Add installation of one above ground fiberglass storage tank. -Delete 60 lineal feet of PVC telephone conduit at Water Treatment Plant. -Delete 3000 gallon underground tank and add install 3000 gallon above ground tank at South Pump Station. -Delete 1000 gallon underground tank and add 550 gallon skid mounted tank at North Pump Station. -Relocate G-6-1, T-6-1, G-S-1 and T-6-1. -Relocate 1000 gallon above ground storage tank from front yard to back yard of Lift Station 50. -Furnish and install decorative fence at Golf Course Wellfield. The total increase in contract price of this change order is $14, 141 . Funding is available in Water and Sewer Wellfield Assessment, Protection and Remediation (Account No. 441-5162-536-60.37). Recommend approval of Change Order No. 1 in the amount of $14,141 and extending the contract completion date by 39 days to the contract with Poole and Kent for the" Wellfield Assessment, Protection and Remediation project. . -' ~,. ~.;,,~' ,'- <- CONTRACT MODIRCAnON ~,........... .Ii May 29, 1991 CoJ:"lJ:JJlI ! (CHANGE ORDER) Date: "-- I 1 Contract Modification No.: Work Change Directive No.(s) 001 Owner: " City of Delray Beach, Florida Emergency Well Field Assessment, City Project Name: Protection. ann Rpmpn;rlt;nn Project No.: 90 -1 0 Contractor: " The Poole and Kent Company The following modifications to the Contract are hereby ordered: (Use additional pages if required) SEE ATTACHED SCOPE OF CONTRACT MODIFICATION (CHANGE ORDER) NO. 1 . INCLUDES CHANGES TO THE FOLLOWING BID ITEMS: 2, 4, 5, 6, 7a; 9 11 12 1 3 13c and 16. Contract Amount Contract Time (Calculate Days) Original S 870,916 OrigInal Durat10n 252 Days 0 " 0 Previous Contract Modiftcattons S Previous Contract Modiftcatlon Days (Add/Deduct) (Add/Deduct) This Contract Modlncat1on 14,141 This Contract Modlllcatlon 39 S Days (Add/~OtXlI!aX (Add/~eoJJ{t) Revised Contract Amount S 88 5 , 0 57" Revised Contract TIme 291 Days The Revised Contract Completton Date Is: September 13 I 19 91 Owner Contractor By: W~ll~am Greenwood By:.~-4..k-~I/1...;..,., (l.#' By: ,.-.:Je"f frey"'Trammel 1 Jerom;: E :,/.Bahn :rte: DOte: " )-"~ <) - '/ I Date: .s- ~ ~/ / I (2.4) REV 12/90 FORM 273 . //" . . . CITY OF DELRAY ~EACH " CH2M HILL EMERGENCY WELL FIELD IMPROVEMENTS MAY 29, 1991 CITY PROJECT NO. 90-10 SCOPE OF CONTRACT MODIFICATION (CHANGE ORDER) NO. 1 BID ITEM NO. DESCRIPTION 2 RELOCATE TANK T~4-1 FROM WEST SIDE TO NORTH SIDE OF TREATMENT PLANT PARKING LOT (AT OWNER'S REQUEST) . INCLUDES ADDITIONAL FUEL OIL PIPING, ELECTRICAL CONDUIT AND WIRE, AND PIPE BALLARDS. 4 DELETE OVERFLOW TANK AND PUMP (T-3- 2) , 10 GAL DAY TANK (T-3-1) , AND VALVE PIT, AND ADD 2" CHECK VALVE AT WATER TREATMENT PLANT 5 DELETE REMOVAL AND DISPOSAL OF THREE ABOVE GROUND FIBERGLASS STORAGE TANKS AT WATER TREATMENT PLANT 6 DELETE PROVIDING AND INSTALLING THREE ABOVE FIBERGLASS GROUND STORAGE TANKS AT WATER TREATMENT PLANT. ADD INSTALLATION ON ONE ABOVE GROUND FIBERGLASS STORAGE TANK WITH INSTRUMENTATION, PIPING, AND CONTAINMENT . 7a DELETE 60 LF PVC TELEPHONE CONDUIT AT WATER TREATMENT PLANT . 9 DELETE 3000 GAL UNDERGROUND TANK AND INSTALL 3000 GAL ABOVEGROUND TANK WITH CONTAINMENT, ACCESSORIES, PIPING AND ELECTRICAL AT SOUTH PUMP STATION 11 DELETE 1000 GAL UNDERGROUND TANK AND ADD 550 GAL SKID MOUNTED TANK AT NORTH PUMP STATION 12 RELOCATE G-6-1 AND T-6-1 13 RELOCATE G-5-1 AND T-6-1 ~" "" ;.... . .. 13c RELOCATE 1000 GAL ABOVE GROUND STORAGE TANK FROM FRONT YARD TO BACK YARD OF LIFT STATION 50 16 FURNISH AND INSTALL DECORATIVE FENCE AT GOLF COURSE WELL FIELD . ALL TIME EXTENSION. - . . ' . DELRAY BEACH PROJECT NO. 90-10 1 CONTRACT MODIFICATION NO.1 BID ITEM TO BE NEGOTIATION RESUL TS CH2M HIL P&K NEGOTIAT. ANALYZED EFFECTIVE MAY 17, 1991 PRICE PRICE PRICE BID ITEM NO.2 $4,500 $7,001 $6,070 BID ITEM NO.4 ($3,900) ($2,154) ($2,370) BID ITEM NO.5 ($3,700) ($3.672) ($3,700) BID ITEM NO.6: ($16,030) ($15,456) ($16,000) BID ITEM NO. 7A: ($628) ($628) " ($630) BID ITEM NO.9: ($6,292) $29,505 $12,600 BID ITEM NO. 11 : ($15,585) ($8,795) ($12,000) BID ITEM NO. 12: $4,627 $4,800 $4,800 BID ITEM NO. 13 NO CHANGE IN PRICE $0 $0 $0 BID ITEM 13C $8,000 $11,211 $10,89 BID ITEM 16 $2,300 $2,777 $2,580 TIME EXTENSION CONTRACTOR PRICE INCLUDES $8,500 $21,618 $8,500 DOUBLE HANDLING DOUBLE HANDLING $2,500 INC ABV $3,400 CHANGE .oRDER NO. 1 ALGEBRIAC TOTAL ($15,708) $46,207 $14,141 . /;:.--. / CONTRACT MOmRCAnON r;rr~mT!TII (CHANGE ORDER) Date: May 29, 1991 . Contract Modification No.: 1 Work Change Directive.No.(s) 001 Owner: . City of Delray Beach, Florida Emergency Well Field Assessment, City Project Name: Protection. ann Rpmprliritinn Project No.: 90 - 1 0 Contractor: The Poole and Kent Company The following modifications to the Contract ore hereby ordered: (Use additional pages if required) SEE ATTACHED SCOPE OF CONTRACT MODIFICATION (CHANGE ORDER) NO. 1 . INCLUDES CHANGES TO THE .FOLLOWING BID ITEMS: 2, 4, 5, 6, 7a,. 9 11 12 1 3 13c and 16. Contract Amount Contract TIme (Calculate Days) Original S 870,916 Orfglnal Ourct1on 252 Days 0 0 Days Previous Contract Moditlcct1ons S Previous Contract Modincct1on (Add/Deduct) (Add/Deduct) This Contract Modftlcct1on 14,141 ThIs Contract ModJncct1on 39 S Days (Add/g.xxmx (Add/~oRrJRt) Revised Contract Amount S 885,057 Revised Contract TIme 291 Days The ReVised Contract Completion Date Is: September 13 . 19 91 Owner Contractor By: W~ll~am Greenwood By: ~4f?-.. ~f/1.. :-;., (; # By: /.Je"f'fr'ey~'Trammell Jerom;: E :,/.Bahn I ate: Dcife: )~~ <; - ,:, f Date: S-;U; q-/ ; / (2.4) REV 12/90 FORM 273 . - ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ CITY MANAGER SUBJECT: AGENDA ITEM # ~~ - MEETING OF JUNE 11, 1991 CHANGE ORDER NO. 2/BEACH RENOURISHMENT ENGINEERING CONTRACT DATE: June 7, 1991 This is a change order to the contract between the City and Coastal Planning and Engineering, Inc. in the total amount of $230,318 for continued pre-construction environmental monitoring and to provide construction environmental monitoring services for our beach renourishment project. This change order is necessary to assist in protecting offshore reef (hardbottom) habitat during project construction and to satisfy Department of Environmental Regulation (DER) permit requirements for environmental monitoring related to beach restoration activities. The follow tasks are to be completed under the pre-construction phase of the change order: - Examination of previously established environmental monitoring stations to document the invertebrate assemblage composition and condition of organisms ($48,624). . -Delineation of reef edge and under water wreck perimeter to provide the dredge contractor with visual markers (buoys) indicating areas where they are prohibited from laying pipes, dropping anchors, or otherwise disturbing the bottom ($6,226). -Analysis of sediment samples from the borrow area prior to construction to identify the infaunal community associated with the sandy area ($5,363). -Analysis of infaunal samples from the project area at DNR Monuments R-181, R-183, R-185 and. R-187, and from two control areas one mile north and one mile south of the fill area ($6,713) . -Grain size analysis ($585). -Sediment organic content analysis ($390). -Pre-construction survey of the inner reef ledge adjacent to the project borrow area ($3,113). -Pre-construction environmental report ($7,604). The total fee for pre-construction environmental monitoring services is $78,618. Of this amount, 75% or $58,964 of the total fee is eligible for reimbursement from the State and/or County. The following tasks are to be completed under the construction phase of this change order: ~, - ~ ", '-, ::i},;:;..;< . AGENDA REPORT Meeting of 6/11/91 -Examination of previously established environmental monitoring stations to document the invertebrate assemblage composition and condition of organisms ($45,624). -Survey of the inner reef ledge adjacent to the project borrow area ($21,791). -Analysis of water samples for water clarity during proje'ct construction ($73,222). -Construction environmental report (11,063) . The total fee for construction environmental monitoring activities is $151,700. Of this amount 75% or $113,775 is elig~ble for reimbursement by the State. Additional funding is also available from the County and/or Federal government. Funding for these activities is available in the Beach Renourishment project account/Erosion Control (Account No. 332-4164-572-34.38). DER also requires post-construction environmental services. A change order for that activity will be on a future agenda. Recommend approval of Change Order No. 2 to the contract between the City and Coastal Planning and Engineering, Inc. in the total amount of $230,318 for continued pre-construction environmental monitoring and to provide construction environmental monitoring services for our beach renourishment project with funding from the Beach Renourishment account to be reimbursed by the County, State and Federal government. - 2 - ~ ~,t; ~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: HARDEN, CITY MANAGER FROM: ZONING SUBJECT: MEETING OF JUNE 11, 1991 CHANGE ORDER NO. 2, BEACH RENOURISHMENT ENGINEERING CONTRACT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a change order in the Engineering contract for the Beach Renourishment Project. The change order will result in additional costs of $230,318. The initial funding will come from our established Beach Renourishment Project account. This addi tional cost is reimbursable under our County, State, and Federal agreements. The change order involves two tasks. One is an increase to the current task - environmental monitoring. The other is a new task - construction phase environmental monitoring. BACKGROUND: The subject of changes to the Beach Renourishment Project contract was brought before the City Commission last month when a relatively minor change was considered and approved. The items before you at this time fully described in the attached correspondence from Coastal Planning and Engineering, Inc. In summary these items are: Change Order to POt 18149, in the amount of $ 78,618 for Pre-Construction Environmental Monitoring. The current contract amount for this task is $86,963. Because of the delay in proceeding with our project and the requirement to continue pre-cpnstruction' monitoring it is necessary' that additional funds be appropriated and allocated. Other costs are associated with new (additionai) permit requirements. New activity of construction phase environmental monitoring in the amount of $ 151,700. This phase of environmental monitoring was in the original work program with the actual proposal to be submitted at this point in time. The costs have increased due to additional (new) permitting requirements. The work consists of reef, water quality, borrow area, sediment, and fauna monitoring. City Commission Documentation Change Order No. 2, Beach RenourishmentEngineering Contract Page 2 RECOMMENDED ACTION: By motion, authorize and direct the City Manager to effect change orders to the Beach Renourishment Project as requested in the correspondence from Coastal Planning and Engineering. Attachment: * Letter from CP&E DJK/#82/CCBEACH.TXT . - " . . COASTAL & OCEAN ENGINEERING ~OASTAL PLANNING & ENGINEERING. INC. COASTAL SURVEYS BIOLOGICAL STUOIES GEOTECHNICAL SERVICES _JCA RATON: 2481 N.W BOCA RATON BOULEVARD. 80CA RATON. FL 33431 (407) 391-8102 TELEFAX: (407) 391-9116 SARASOTA: 1605 MAIN STREET. SUITE 800. SARASOTA. FLORIDA 34236 (813) 365-5957 TELEFAX: (813) 954-6036 JACKSONVILLE: 1322 CHABLIS COURT NORTH. ORANGE PARK. FLORIDA 32073 (904) 264-5039 TELEFAX: (904) 264-5039 4818.69 May 23, 1991 J1Etm:llW1Eij Mr. John Walker ~n y a8 199' Project Coordinator Planning Department PLANNING & ZONING City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Re: Proposal for Continued Pre-Construction Environmental Monitoring and to Provide for Construction Environmental Monitoring of the Beach Renourishment Project for Delray Beach, as Required by State Beach Renourishment Permits Dear John: This is a proposal for continued pre-construction and to provide for construction environmental monitoring services for the City's beach renourishment project. The environmental monitoring is required to assist in protecting offshore reef (hardbottom) habitat during project construction and to satisfy Department of Environmental Regulation (DER) permit requirements for environmental monitoring related to beach restoration activities. The proposed monitoring program is based on the draft environmental monitoring program proposed by DER in their letter of February 12, 1991 which, in turn, is generally based upon the pre-construction monitoring program which was initiated in August 1989. The pre-construction services provided by this proposal include the following: CONTINUED BEACH NOURISHMENT PROJECf PRE-CONSTRUCTION ENVIRONMENTAL MONITORING Pre- Construction Reef Monitorin& Procedures: . Biologists will examine each previously established environmental monitoring station to document the .invertebrate assemblage composition and condition of the organisms. Monitoring will include documentary photography, sediment rate measurement and water quality s~mpling, as well as inspection of the organisms within the station. Photographs of individual macro-invertebrates, as well as photomosaics of each station, will be obtained during each monitoring cycle, providing documentation of the presence and relative well- being of organisms within the station. Two sediment collector samples will be obtained from each station during each monitoring cycle. Three water samples will be obtained at each station, one at one foot above the bottom, one at mid-depth and one at the surface. The water samples will be analyzed for water clarity. .. .~ ~ ~ _"__.. ._. . 4. 4818.69 May 23, 1991 Page 2 Pre-Construction Monitorin~ Schedule: Pre-construction environmental monitoring of the reef stations will be conducted from approximately one-half year prior to the time of construction. We will attempt to monitor monthly, however, this monitoring schedule assumes tha4 on occasio~ we will not be able to monitor due to sea state and/or weather' conditions. In addition, the reef stations will be inventoried on one occasion by a university level marine biologist specializing in identification of marine invertebrates. Previous environmental monitoring experience indicates that additional time can elapse between monitoring cycles due to adverse sea state, particularly during fall, winter and spring months. This px:oposal. takes into account the anticipated occasional sea state problems, and has been monetarily reduced to compensate for the probable reduction in monitoring frequency. This proposal assumes the reef monitoring will be conducted on six occasions. The fee to provide the pre-construction phase reef station monitoring is $48,624. Buoy Reef Ed~e and Underwater Wreck Perimeter: Prior to construction of the beach renourishment project, DER will require that the exact location of the reefs be delineated and buffer zone marked by buoys. Additionally, the underwater wreck offshore of the project area will be buoyed. The purpose is to provide the dredge contractor visual markers (buoys) indicating areas where they are prohibited from laying pipes, dropping anchors or otherwise disturbing the bottom. The fee to buoy the reef and. wreck exclusion areas is. $6,226. Infauna Samples - Borrow Area: Sediment samples will 'be obtained from the borrow area prior to construction to identify the infaunal community associated with the sandy area. Based upon the draft DER permit requirements,S borrow area infauna stations delineated by DER shall be sampled with 3 replicates taken at each station for a total of 15 samples. Samples will be obtained using a diver-operated sampler and preserved in a S% buffered formalin solution. After collectio~ and after sieving through a 0.5 mm sieve, the samples shall be transferred to an alCohol preserving medium. Analysis will include numbers of individuals from each taxon, identification to species level wherever possible, and total number of individuals per sample. The fee to obtain and. analyze the 15 pre-construction borrow area infauna samples is $5,363. COASTAL PLANNING & ENGINEERING. INC. . BOCA RATON' SARASOTA' JACKSONVILLE ~, 4818.69 May 23, 1991 Page 3 Infauna Samples - Fill Area: Infaunal samples will also be obtained from the project area at DNR Monuments R-181, R-183, R-185 and R-187 as well as from two control areas approximately 1 mile north and 1 illile south of the fill area. Samples will be obtained before construction to provide the background infaunal conditions. Based on the draft DER permit requirements, 8 fill and control area infauna stations shall be sampled with 3 replicates taken at each station for a total of 24 samples. Samples will be obtained, preserved and analyzed iD. the same manner as the borrow area samples. The fee to obtain and analyze the 24 pre-construction fill and cont~ol area infauna samples is $6,713. Grain Size Analysis: One sediment sample from each of the infaunal sampling stations (borrow and fill areas) shall be obtained at the same time as the infauna sediment samples are gathered. Each sample will be mechanically sieved and grain size distribution analysis shall be performed. The fee to analyze the 13 samples obtained as a requirement of the DER permit is $585. Sediment Orianic Content Analysis: One sediment sample from each of the infaunal sampling stations (borrow and fill areas) shall be obtained at the same time as the infaunal sediment samples are gathered. Each sample will be sediment organic analyzed for organic content. The fee to analyze the 13 samples obtained as a requirement of the DER permit is $390. Pre-Construction Reef Survey: The DER has proposed that the inner reef ledge adjacent to' the project borrow area be surveyed prior to, periodically during and after project construction. The purpose of the surveys is to check those areas located between the environmental stations. One survey is to be conducted prior to the arrival of any construction equipment. The fee for the pre- construction reef survey adjacent to the borrow area is $3,113. Pre-Construction Environmental Report: ~e data gathered during the pre-construction environmental reef station monitoring will be evaluated and assembled into the pre-construction report. Analysis of the infauna samples, sediment grain-size and organic content, water samples, sedimentation rates, invertebrate inventory and photodocumentation shall all be presented in this report. Five (5) copies of the report will be prepared and submitted to the City and appropriate environmental agencies within 90 days following commencement of construction. The initial pre-construction environmental monitoring proposal had report preparation monies included COASTAL PLANNING & ENGINEERING. INC. . BOCA RATON. SARASOTA. JACKSONVILLE .. ~ '. .. -_. ~-~ _ __ ...i ~ _ ___ 4818.69 May 23, 1991 Page 4 in it. However, a portion of these were used to conduct an additional reef station monitoring cycle to keep the program on schedule. Therefore, the fee required to prepare and submit the pre-construction environmental report is $7,604. The total fee for pre-construction environmental monitoring services is $78,618. Of this amount, 75% of the total fe~ or $58,964 is eligible for funding from the State of Florida. Funding for these services may also be available from Palm Beach County. BEACH NOURISHMENT PROmO CONSTRUCTION ENVIRONMENTAL MONITORING Construction Reef Monitorine Procedures: Biologists will examine each previously established environmental monitoring station to document the' invertebrate assemblage composition and condition of the organisms. Monitoring will include documentary photography, sediment rate measurement and water quality sampling, as well as inspection of the organisms within the station. Photographs of individual macro-invertebrates, as well as photomosaics of each station, will be obtained during each monitoring cycle, providing documentation of the presence and relative well- being of organisms within the station. Two sediment collector samples will be obtained from each station during each monitoring cycle. Three water samples will be obtained at each station, one at one foot above the bottom., one at mid-depth and one at the surface. The water samples will be analyzed for water clarity. Construction Monitorine Schedule: Environmental monitoring of the stations will be conducted during construction of the beach renourishment project for Delray Beach. This proposal anticipates that construction will require 6 weeks for completion, and that monitoring will occur weekly during construction. The scope of work for the construction phase reef monitoring is similar to that delineated in the pre-construction section. The fee for construction phase reef station monitoring is $45,624. Construction Reef Surveys: The DER permit for the project will require that the inner reef ledge adjacent to the project borrow area be surveyed periodically during and once at the, completion of project construction. The purpose of the surveys is to check those areas located between the environmental stations. The surveys shall be conducted weekly during construction and immediately after the dredge has left the area. Based upon the estimated construction time of 6 weeks, 7 surveys will be needed to fulfill the DER's requirements. The fee for the periodic reef surveys adjacent to the borrow area is $21,791. COASTAL PLANNING & ENGINEERING. INC. . BOCA RATON., SARASOTA. JACKSONVILLE - 4818.69 May 23, 1991 Page 5. Water Ouality Samples and Analysis: DER will require that water samples be taken and analyzed for water clarity during project construction. Water turbidity, in Nephelometric Turbidity Units (NTU), will be monitored at least twice daily (am and pm) and at minimum four hours apart during construction. The samples will be analyzed within two hours of collection and shall be taken at the locations required to fulfill the DER permit requirementS. Assuming that it will take 6 weeks to complete the project, with 2 sets of samples taken each day; the fee to provide these services is $73,222. This proposal assumes a pipeline dredge will be used for the project as has been the case in the past. IT a hopper dredge is used, the frequency of monitoring required by the DER would be once during each filling cycle and each discharge cycle of the hopper dredge, 1 to . 3 hours after initiation of each cycle. This proposal may require modification if a hopper dredge is employed. Construction Report: The information gathered during the construction phase of environmental reef station monitoring, dredge-location records, weekly water quality monitoring reports, and reef diver survey data shall be evaluated and assembled in to the construction report. Five copies of the report will be prepared, which will be submitted to the City and appropriate environmental agencies following the end of construction. The fee to prepare and submit the construction phase environmental report will be $11,063. The total fee for construction environmental monitoring. activities, as required by State permits for the project, is $151,700. Of this amount, 75% or $113,775 is eligible for State of Florida fundin~. Additional funding is available from Palm Beach County and the Federal government. . Post-construction environmental monitoring will also be a permit requirement for .beach renourishment. Post-construction monitoring is not included in this proposal. COASTAL PLANNING & ENGINEERING. INC. . BOCA RATON. SARASOTA. ..JACKSONVILLE ~-V1t 4818.69 May 23, 1991 Page 6 If you should have any questions, please call me. Sincerely, ENGINEERING, INe. dbOl:481869.424 cc: Kim Beachler Craig Kruempel Sandy Cummings Patty Lutke t. . Tom Campbell COASTAL PLANNING & ENGINEERING. INC. . BOCA RATON. SARASOTA. ..JACKSONVILLE - - ~ ~ ~ ~ ~ ~ - ~ ~ ~ - - - - - . ~= 5=1==:=====:1; \ ~ I' -- - -- - ----.,. I I I I _0 ~ ~~ : __~~_.~ 1~" ~- .. ...=: ..:.........::;. , I ---- ------------------------! ------ < I .1 i I o ~I: ~:~,~-- Q= Cl _ = =1=_= I E- ,- - I ~_ i ... .~,!.!! .::;~~.#. I I \ 1 5Z - - ~ = === :1-:= -~ ~ -~- --- ~i - ~ N I ~ i i O' I ~~ ~ ~~~i t . !* ...-, . - ' .... -~- ~.5 I :~ 2 -; = -~- ~!! .. .c ... . c~ _ -- ... - ~5 = --- ==~ -= ... f ____ ________________________ ______ :~ = =~a .-- ..~ o _... , ...- ~ ~= ----------------.------- ------ liE = =a! ~ . - ;= ~ -- .... --- - --- -= ...- - ~ - - ... =- .!!. = co" o _ ~ ~ - ~ ~ =~ = =~~ ~~ s ~~ ;~ ~~ ~~.. ~ _ U I __ A: ._ _ t -.. .~ ~ ~ : ~ .. ... ~- f=~ ~ ~== :3 :~~ ~~ UC: CD.c .. .., . -- .,. .-.. :e i ~..i i=~ - -il 0.... lea.... I ~ _~ --- .-- .. ..c' ~ : ~..... U _ I ________________._______ ______ .. .. ..~. .... ... ... --- _ I ~ _ _ _~_ g~ J - ..~ ., I ~.. ___ c::. _ _ ........_ I ~ ~_ - , :. _: - ~I .._ .._~~ _~_ :!it. a: -- -- --- ~ ~ ~ ~ - -..~ _ 0 JI: _ == = -==...;: === ~I ~~~ ~ - I _' .l ~ i - - ~ !: ~= ~=.~= =~~ -= : -= ::: I i - s .---. ~-~ ._ : _ ~ -- - _s_ I... : c..J .; . - . . u ~ I _ _ ___ _.._ . J I -~~ -..- . -- ~..~ . i U ... ~.:::e .! ~ : ~::~ i i .1 -..-- ----;;--e--:;;;-------- =;;;; ; ; . "i ~ ~!! 2 =~~3~ ==~ ~ i - ~ ~ 8 = I --~I~-- ~ - ~ ~ = . .~=~ ~== I B = ~ ~ B. --.;~-i-.a_. = - ~ - -. =.~=- =~__~ ~ w ~ c - - - ~--~I - i - - i - - ~ ~ ~--- ~---- - ~. .:!l i 'i .. - - I = 1- ~ = - lit - 2 - ~- .' ;::.. i I I i! ! - ! II ! ! I i I :' - - - - - - - w w W ~ W W W \ . , I I i~ 5 ~~ ~~~~ ! _0 _ ..,....... _....__ ~- .. ........ ....--- ..... ... .. .. ... - . ---- ---------...-------- ------ . :2 . ~ == :~: 8:: - -.. ...-... ...- .- == ~ ~-:~ ..., - - --- a-~ _ _ .... _ -- ... ...... . = : :!-:~ ........ - ... ...-- ~i - ~ I ~ I , . I ! l , , .. ~~ ~- ---'! ' -~ ... ....:;;; i! .~ ~I I t - j \ ! t ! -- --=! I' i I :=* :...:~. i I :!!~ i' = "~. i " I ' , _ '. . J ~ ....: I _ ii! = I ::: ~_. f.: !Ul'lt..';~.1;~ - \ l \ ~; ..=! ~ - I = = : =~~ I ~- ...~ / -- . ~~ I I , . ~ i - - ~__ I -...., .... --- . ij ..... ! a. --------..--------- ------ ~!= .. :"5! - ~ . .... o "_ .... V == - "'- ;:;t --__ --________________ ______ :0. ~ :;: =t=~ ~~ u ---- ------------------ ------ a. == = === _;~ . - -- ~-8 ~ "... 118-,=.__ ~ -S2~~- _ ~_ ~ __. W-___H ~ ~ -- -.-=~ =:.85~ - I , _ ~__~_I - . ---- ~ _~ __ ___ ~BI..= ~ ~ -= ~- ==~ ......3:.. ~ ~ ~~.=_. _ ;=t~ :::;:: ;== . -..... ..,.-~ ...ca __.- ___ - ....- -...- --- - .... --... c ~ _ ~ S r::~::c =a~ u . = It II .. = ::::=." :-:::; ...., .. .. . ~ - ~:: ~~:; ~ _u ..._u... ---- ------------------ -----.. ~.. ........ - - ~ ~ ~-~ ~~ ~.. ~ - -'~ ~-~ ~- ~ - - - · i sa- -- -- i i = - ~ S ~ s. ~ ~ = .I.:~ = i 0 1= i ; =i5i;IEI ~. 5- ~ I ~ i ;2 i I i I ~ = ! i 'j lit: ~ I I-!I- Ie I i ~crveL M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt'lh1 SUBJECT: AGENDA ITEM # "-' - MEETING OF JUNE 11, 1991 AUTHORIZATION TO EXECUTE WATER SERVICE AGREEMENTS DATE: JUNE 7, 1991 This item is before you to authorize the City Manager, in certain circumstances, to execute water service agreements. Water service agreements are required for all customers outside the municipal boundaries who request water service. The current policy provides that the City Commission will approve all water service agreements. In order to streamline the process, it is being recommended that the City Manager be authorized to execute the standard agreement, upon review and recommendation of the City Attorney and the Director of Environmental Services, in those instances where water service is to be provided to an existing single family residence, an existing lot of record whereon only a single family residence can be built, or for an existing land use which is currently on a well and is under order from the County to connect to the municipal water system. The Commission would continue to be the approval authority for water service agreements which require compliance with the site plan review process and/or items which are going through the County land use review process. Recommend delegation of authority to the City Manager to execute standard water service agreements for land uses as outlined above and in the accompanying documentation. / I~ . - '. :h-J t' C I T Y COM M I S S ION DOC U MEN TAT ION TO: a~~C=AGER FROM: D J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 11, 1991 DELEGATION OF AUTHORITY TO EXECUTE WATER SERVICE AGREEMENTS UNDER CERTAIN CIRCUMSTANCES ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of delegation of authority to the City Manager to execute certain water service agreements. BACKGROUND: A water service agreement is the mechanism whereby the City provides water service to customers outside the municipal boundaries of the City. The agreement is a standard form. By policy, the City Commission has authorized the execution of such agreements on a case-by-case basis. This policy evolved Vlhen there were several County enclaves and the City Commission wished to not only be aware of proposed development with our eventual annexation area, but also to insure that our municipal development standards were being met. In our efforts to facilitate the processing of certain types of applications and to reduce the time and effort which is required of citizens and existing operations who have relatively simple requests, we have looked into a streamlining of the water service approval procedures. Thus, the following proposition is put forth. In situations where water service is to be provided to an existing single family residence, an existing lot of record whereon only a single family residence can be built, or for an existing land use which is currently on a well and is under order from the County to connect to the municipal water system, the City Manager is authorized to execute the standard agreement upon review and recommendation of the City Attorney and the Director of Environmental Services. ~ . . ~ City Commission Documentation Delegation Of Authority To Execute Water Service Agreements Under Certain Circumstances Page 2 The above procedures will allow for a more efficient processing of such applications, will negate the need for a one to two week wait for City Commission consideration, and will negate the need for the preparation and review of City Commission documentation materials. In addition to the above procedure, we are creating a more simplified application form for owners of single family dwellings so that the process is even more user friendly. City Commission authorization \"1 i 11 continue on a case-by-case basis for applications which would otherwise require compliance v.7i th the site plan review process 1. e. for new offices, stores, ACLFs, etc or for items which are going through the County land use review process (Special Exceptions). RECOMMENDED ACTION: By motion, direct that the City Manager is hereby authorized to execute standard water service agreements for land uses as set forth in this documentation. DJK/#83/CCWATER.TXT . . ~~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER!'lt1 SUBJECT: AGENDA ITEM # qlt - MEETING OF JUNE 11 , 1991 APPROPRIATION OF FUNDS FROM THE GENERAL FUND RESERVES DATE: June 7 , 1991 This item is before you to authorize the appropriation of lapsed funding from the General Fund Reserves. The Budget Officer received a request from Community Improvement to bring forward lapsed funds in the amount of $8,700 from the General Fund Reserves. This funding was allocated to purchase software from HTE, Inc. for the Community Improvement Department. The original purchase order which committed these funds was cancelled in error, and therefore, the funds lapsed at year end (FY 89/90) into the fund balance. Recommend approval of request to appropriate lapsed funds in the amount of $8,700 from the General Fund Reserves to be appropriated in Community Improvement - Computer Software (Account No. 001-2711-524-33.15). . MEMORANDUM TO: Yvonne Kincaid, Budget Officer ~ FROM: Lula Butler, Community Improvement Director SUBJECT: Request to Expend from Prior Year Funds - $8700 DATE: April 25, 1991 Per the attached, there is $8700 in additional monies that should be in 001-2711-524-60-86. There were two checks written in the amounts of $8000.00 and $700.00 and Purchase Order# 14278 was liquidated. These two checks were voided though and the PO was not increased by these amounts. Please note - about a week later there was another check written for $700.00 and that check is correct. This was not noticed until recently for two reasons - in previous years prior year encumbrances were not brought forward until around this time of year and also, it was assumed that when the checks were voided, the money would be put back into the PO. If you need any further information, please let me know. !5 /;;. ?J/q I .4, ~ T/ .. ...k J-f;uJ fpri (J;U# taW ~~'U<UAJ/~~ 00/- cOQ;-30 3. / D j- f) 'too ~ ftsU,L ~ ~~/-5pN-to.n -f ~}c0 to"'4 T ~ ~oJ J4AJ...e::t - ~!r i~I!':;;;~\;;;"~~; '..' .,. .'. :::':;.'i".'; - ':;d7.i~;i~;~ ;.~,. ;.;1c;;i:;,I1:;J]:;ro~T~:i'.1~ ~];1;"J:~r;:' ,':[;i;->, . . . ... I . . 'j ... . ,.., 'j , , \ "\ ' i ' . .. - . 1 I 1 ,; ~ I : I ! " ! !! i -<)' , I I ' ~,;: : I I ~g: : I l' I H I J Ct:. I ! WI! u.. I f I , L:l I I Z '1' , l-i I I I ~ I: : ~ ~ ~ ~ ~ ~ ~ I ~ 0' I ~ ~ ~ 5 S ~ S ~ U II , <t S 5 5 S ~ 5 -{) ~: : -{) ,'J i' S i' r~~i' I")~ I , O. N I I , I I , I I , I I I I t--W r I ! i I i , ZIUI ~~ N S ~ ~ <t 5 ~ S S 5 ~5 I W Z I ~ m 1"1 5 m s - lSl is. $ lSl iSl ill lSl '" I .., <r I .. I .. l. I" .r I. . I ~~, ~ 0 1"1 ~ N i' lSl ~ $ lSl ~ ~ N~ i' I :J IIII' "'" <t i' ." <t 1"1 lSl lSl ;Sl $ -{) r:'t 0-- 0- 0- <t Ui~! ~~ ~ ~ ~ N ~ ~ ~ ~ ~ . ~ M~ ~ ,I::J I I.. .. j::- r- .. ...,.. o \U' I" <t I 0 ("oJ ~ ! .\ll [ f-'Z I r I.... l r!~ 1 i I \ I J, l I ~ I~:'co I ! ,0 I';::; W u 1"- I '" I I '" 0-- 0;: 0'- ,,"-! L~ I ! I" ~ ~, ~ ~ I :::J(\! I r~ '~ !~ " : ~I;t: I'"' i ! I . ,., .... I OIH I 'I I I L:l 'f- 'f-' I ! Z 'r t.~ ! I I i-I J WI f- I I I . Ii. ';) I I ' I ~ I I : I i ...J : : I l<t I I >- I ! I I tn f- I I I.W . w I H' ,I U f- ,W, I U \ > ' " Z IH OZu I 'wz H I I i H 10::: W::: o:Z i I D::: W f- I 'Z I I 13';: H i.ll : 'I';: U I U , ! I (J) (J) ,y r (J) 'il U }- U , 3 H I <:: , 01 IW (La 1<l:!,L! W<l: H M.' 1"1 t-...J 1 , , Ll: Wf- ...JLl: HO o...J ..... '"' '-'- I f- I H' oO:f-<:: l,,-oo:...JZ U N NI 0 ::l I (J)I 7 I I f- W Z 1 (J) f- I,] .:.. <:: Q U "I' (J) U w, 5 I If- I I (J) f- W 5 IH (J) ;: I.:.... W U v'l (.~ N I. U r ~ I' o t ! I Z CJ 1: Q :z I::) u... lOt- :...-1 T"'i !- 0 U::: Z U I C!.. I I Ll: H ui I 0: ;-'I(,;:J ~ I H i H.J W <!:l U I I I w;;t:U:: u;::'W(L ::.; ;Z W ~ ... +1 ~ W." w > 7=. f- <:: I H I ;- u.. W ("..I :z ,2: ;- u.. u:: W 'H l.!J Lt i ;.t: ~ ;--: z. w'- Z I , ::J 0 f- , H <I: ::J OIW <:: :J <I: W ~ ~ W <I: I-...J 0 U 0 W I U::' ~Ll:::J(J) ~U::f-III Z Z ~ U U ~ Z wo HI2 ~E I I .I: CLIi..G...cUl::!:il.:::J H H ~ ! i-iWI 0 i-Ui W c:- , IW I it5 0 ~ Z I:J 0 ,., w }- <!: " Q 0 1 ~ <I: "- <:: I f- 5 H I J HU~OI:<L~!-U:EIi:!1. 2: .- ~ ;J:-i :-I A t-?-O u:: Cf.i:'y: t:;~~ I 001 ~ ~U~~!O ~.o~ 0 W ~ 0 0 ~ W H uw ole >O~ I 1 114- W H H (,; I...J W H IU f-, U 0:.;::, > > oX; , r:c I ...J, v;;- "- '.W ,(J) LL W I W, 0 L:l "- (J) I L:l I w ' U W U. (J .U L.; : w <:: U (L Ir L.; iL I I I <I: ~ ,., <!: , Z I Z ,Z z' Z '7 z. 0 Z A Z 0 I Z 0 l Cl I \ 0 ~ z ~ ~ :-; H H H H :;::i H u... IH H H U IU:: H U I'Ll: U H !.>..;::, I 'I I:J '0 L_ I I U <! c.n U 0 WI W ~ wi LJ I.W LJ Ci ILJ 0 W l: iH W ~ , IHZ:J H ...J f- f- f- f- : f- if- f- H If- H f- III u:: f- ~ I I , E H III E L:l :r , I :r I ! :r i:;: I ...J I ...J I H \,,-:r H " I I I ' ...J I u:: , <t co N (;j I"l: I"l 1"1 1"1 lSl .... lSl ,; \s<:: I 1 W I l'. 0- ,...; N is: 0- 0- 0-- ..... ,...; ,...; ~ 0-- ,.... 0-- m 0,() -{) M tn 'f- ...J , ,ill 1 0- I' m CD 0 co I"l 1"1 N I ("oJ !r'J N ~ 0-- t') ~ '"' It') b' lSl P <!: , IE! I N 1"1 1"1 1"1 t') (D ~ l'. l'. i l'. II' l'. 0,() lin C~ N iSll-<) <t "l". II- <l: f- , z::J' I"l 0- 0-- 0- 0- ("oJ : N ("oJ N i N iN r~ .... IN ,...; <t CD 15 N "'J f- 0 I 0 Z I >- T'"I T"'l T""'i ~ ':-i 'r""t .,..; ..... "I""i I ,...; 1M -M iSi ,-! 61 T"'i,-i'~ ~ '~ )- 0 I- , H I <l: . I' I ~ If- , f- I ...J & is! iSl iSl is: S lSl 5 iSl iZ lSl ZiSl $ lSl IS is: ~ lSl.S 0- b- I"; 0 J U ' ~~ 0- 0- 0- 0-- 0-- 0- 0- o--po--o~ 0- 0- 0-- 0'- o-o-o--CD m 0 ~ Z I <::!Jl' I:J " , , , , , , , , ;H , HI' , , , , "", I'- W 'z <:: <!: J (f) I- I 0 ..... .... i' I' l'. co lSl ~ -<)'f- ~ f- '1"1 I"l ,...; 5 -0 0- 0-10-- I"l <()>. (J ::l (L Q! Z <I: I I " r..: ~ " T--i 5) (\i r.": o:-I:U .r-; U IT"'i ~ M M r.,J -M ,-i T"'i M ~'.J j<r IlL. ~ <t HI <I'O' ...J'- 'N'~'5,lll' , , ,'w'Wi' , , I' , "" ,,- ' 1"1 u:: I u:: I I 1<1: 0- (D lSl co is! (D ..... m $ ii, I"l I"l M~ 1"1 i,: ,1"1 1"1 .... ,.... ,...; ............. N f...:i I I .. 0 I I- 1 f- 0- ,0- 0- 0- LO. ~ I I. I ~~ , q- ..J I i I:H iSi i$ iSJl:S I .0 0) I ul u..\ jlOi 1u..Ct: ai'.w:~oi'.lof'.U::" I!:! il.UCL.UiL:L J ,::;:: J COljf.!:: u:: I .. . I I I'w '<I: > "- "-I "- :;;.. > > I> > > ,> > <I :> <I "- "- i<:: > > I ~ Ii: 9 I : U Ii, : I U I 5 L:l .'! !~ lSl lSl S lSl .is: is! lSl IlSl lSli 5 '$ 5 lSl lIS! iSl IS! lSllSllSl 'lSl .. <! J u.. r- ~! co Qo. 0'- Q-. 0-. :0-. c-. 0-. ,a-. Q-. i a-. 0-- 0-.. ~ jQ-. 0.. 0-. 'Qo-..~ c-. 0-. I .... w' U ,w 1 " , , , " , , , ,. " , , , , , "", , 0- III. I ...J W,U,. 1 '5 N "" "". .... [~ m -<) 1-<) o,()' -<) -<) -<) <t II" <t <t <t '<t 1"1 1"1 I , I, <I <I' 1 ~,; .... ~I .... ,...; . I I iil...J rll u:: I , . I I N lSl <I" W I!<T lSl lSl iSl !Sl S is! lSl .is! iSl IS! 's Sl S 'lSl is: !Sl lSl lSl 0- '0-- t '- ~ 0:' I Z ! 'N ~ 0-- u-- 0- 0-- 0- 0- 100- 0- 0- 0-- 0-- 0-- 10-- 0- 0- 0- 0- (l) .co <t M -j" W :.ll' 'Ill' , , , I' , , I' , , ., '- , i' , "", "- E lu I L:l ...J I- i II M <t <t <t ~ CD lSl 15 lSl is! '''l 1"1 ~ '5 is: 1"1 I"l.f") <t i' w Q I <I <t I ,"l""I 'r'i (\1 r'-i c..: IN S! ('.J c...: r..,: c...: I~ 1"'"'! is; ~ M c..,: c..,: !ro.: T""! :::9 ,;::. , ..... Z \Cl' ;.... , , , , , , " , , , , , , , , , "" , W~~l~~ I ~~ 00 m m m ~ M ~ M ~ ,M M N ~ ~ ~~~N ~ u::<::O'lSl~ 1 f:~ ..... ~ <r D:: , 0 ! I I u..~> f Q"jO i ~.., J J -, j J -, -, J J j ...., -, -; -, ;-'"'1; .~ WO~IZ UI ~w W w w u w W w w W d W ~ W ~ WW~W Iw ~~~:2 i & I -I~.I'" "I~I" ~[-;;;[-;;: 0.1'-1.......['..].'" ~.I'..I~.. 'O:lo."I.;c:.~r'"I~''''i."I'::' '''1' ,:._, ,c'I'''!,". ~I."'I'" "]'ool~ c"'I")"j 'I'n "T"'"' v'lc'I:::'''IF'I~ ''''I~I''''' ./' ~ ~ ,. ~ - ~ -- ~- - - l""! c." r........ .-~ ........r~ t-. r! (.if') ,"'; ""] C'"> M 1",... M Mjf'" ~ "'" ~ ~r '"t ... "<t ~ V "<l".............. "1.... .., ..... ").. i fl '. .; ., a _ _ _ _ - - - - - _ _ _ _ _ _ _ _ _ _ _ _~ -" ~, .: ~- ;:;-;;r":::F~-=-~i;'::"~2'_C:";< ::4; e;:;::i;~~]::~~l' iCS;~~:;~"O:::';>;~:;:~-~;,,:_::: ::;.::;!~::;'."..;'~ -- '::-":;;r":~:: ::;::::,:(o,~~;~:,' ~ .<<.9. ,.L.' ,.' ,::.::.~ "I I , I I , I , , " i I I I " .,.;,..;', I i I I ij- '~w. '.:0- I I I ....... ! ZIU :V ! j 1'- , llJiZ ' . . i . W ! CCr<!; lC..,j I 1 i i ~ c : ~j~ !~ I l ' CL 0 E t)!tXi . .. ! i et: ' , i :110 I' :.: II I' w..;' . ~:: j j ! : Z~ j I P- ! QiZ! , ~ T""i pt! ~ 1""i Z 'H::::l I In.1.' Iil , i-iC . . . & 5 I Uil: i I r... " " " t.) <1:1<:: I !" r... r... r... t.) , WI I II') Iil ~1 .1 <:: , z: I , <::1 I I . I ~j i I I I ' : I 1-1 11 '. I " ' I f j I I , i' I i ". I, I: , ,~i(J tll~ -<) iN S lSl! tll tll lD ! w'Z [0. 1lS! -<) M lS! lSl' 0- 0- 0- I e;:::<L' : . I Ie;' . .1 ... et:iU:: l<t It') <It:ro N M" <It <It <It I :);JXi '0-. ;!J] Qjl'" rc') i1! ~ ~ l)o. ! u:~ ~ !~ IDj~N~ N 4~ N ,:~ i ~ I ! .. .. .. 1 Q;U h1 i:<llt ii1!11 il1 : ~:!Q i I ! ' , I : ~;:;s! CD (D to 00 CD ! llJ'~ <It <It <It <It <It ! ~'=:- ,0- 0- 0- ij- 0- (!':':'" .. .. .. .. , ::l:~ li1 ~") iJ, b1 U' ... ,,:l: I Q~I....: ~ i ......!}- Z '>-[1fj ~ ! , , , . \ >-: ' ~ ;- I! . I....l I '("I u::. > " Z 3 I I I :H >- i- ,'z . <:: u . . I(/) (/) ~ <! I ;0 ! :f5 ~ fu ~ : ~ i~i ~ 5 I j~ .,.-4i ~ ,Wu.. o i ! OJ w 'W:J 1 ~ !:~ M?'(': I to j 3l :-: I! 0..: 0.: :et: ui G .. <t ! iH ": oM IW" z: .2: wI 1 . I , :1- W ~iU H Lt:. , iU:: . 0: 0 '::l.... ;Z <:: :-- f~ ~ ~:~ ~ .~ ~ ~1~ ~ ~ , ,. 0- I-;'ij-" :t.) 0 ..,i'<:: i,. ! = .~T"!j;J~:Q. U~:~~(Ji ! ::l i ~ "- ....,; i !2!,,, ~ ! I iU tQ f-f'O H I C5 10 llJ'<tO(/)!....(!) ! .... ,.... i-Z.J ::ll" :) I I .J ].J :r"'WllTo.Q.1Xl : j<< I [S:tSi. ,... ~ I I Ii.;!' I 0- 10- tll [10- lSl ... ... T"!.... .J , I ! "', , 'G ... r...," lXI lXI 00 'G 0 ...; <:: I , '1: I ,,~ IN (,,,,M M M .1 ~1 .... <:: i- t ZI::l' INN <It.lo- 0- 0- is! ,., .... 0 I OiZ' i>-... ... ..........T"!iS!... .... 0 .... I ...., !.([ ,I Z.... , ;-: , :.JlSl 1lS! lSllSllSllSlliS!lS!::l 'l :' U I ....0- ,0- 0-10-0>0-0-0- 0 ::l Z I! ([!;U, l::l" I'" "I" " , " " u Z <:: <::.; COI....' 1003 " tlllDlXI0300 'G U :) " 'l! Z,<::, . N IN NI'" N (\liC'" N <I: iL. WI ,..; ~. , <t:CI I .J" ," ",,, "!,, " S et: I ". ! !<I: N IN ,..;1..0... "'IT"! "'" .. q:' t-). J fi-~ I.... .....i............jPi...-! lSl ..; 1 ! I , ' '["'" I' to lJ.,1 I.CI' 0..,.., oOOoh" q , ,'U <1:<:: 1<:: Q.,Q.Q.Q.i<::> tSi "I Q ! U 1 I 1 .,..; J: J Z : ! I \ U I ::J us I '! :..0"'" ;..... T"'Ii rt ..... "i,...; ,...t . <::! lJ. ;-.1" 1 '03 0- 0- 0-10> 0- 0-'1). 0> T"! llJ' UlllJ! I" '" "1""'1"" 0- "".J U'Q. I IS M I:") NIN N N'I'\J c.. " I <:: <t' I ,-0 ' i.lj ..J >- ! ~ 1 J . I I i N iSl ~ ! llJ '<r1Sl 1lS! lSl'lSllSliSliiS!lS! "'GUC!Z, 'NO- 0> 0-:0-0-0-'0-0- <ltM,.-!lllJ I~I I~" ," "1"""1",, l: u.; ! WI..JI....! l'lXI liD <It<t <t<ltl<lt r... w::ll <t<:: I ..oN N iSl,lSllSllSllSlN \::l '''''ZCI' "'" """,,,,,,, i i,l.i:E:!*;;lSl",: 'I'N IN C."INNN,N"'" . , ,,~ - ' lSl::l1 . IN"" IT"! ,..;,.... '"' ""I"" -. I 4:U::: ! 0) I II ' , . I u.. w >- ! CI., l::l! '....., I'" ,'" .., .., 1, .., , ri.;! 0 i- ! Z IU' IS WI jW llJlW W W)" W I J' ~~~,~ 'S - u.. u.. -- I lJ. I ! I 1 ";':;"--";~-';"~-:-,,-"a;'-;;":~;=~~,=::: >/" :9;r--!~ ;:'c' ~~,;:;,~ ','.-. t. _. '") :F ::::;:,: ~"~.,:: ...':! _,~~;:; ~"<. ,w,j.- ~ . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # q:r:: - MEETING OF JUNE 11, 1991 RESOLUTION NO. 50-91/ESTABLISHMENT OF CHARTER REVISION COMMITTEE DATE: JUNE 7, 1991 Resolution No. 50-91 is before you as a result of direction received at the workshop meeting held June 4, 1991. It was the consensus of the Commission to establish a Charter Revision Committee with the charge of reviewing the City's Charter with respect to length of term and number of terms to be permitted for Mayor and Commissioners and to formulate recommendations regarding same for report to the City Commission. This is the only issue to be considered by the committee. The resolution has been left open-ended relative to the time frame for the committee's task and a determination will have to be made by the Commission in this regard. As of this date, the Supervisor of Elections advises that the County does not have an election scheduled for November, so unless that situation changes, we would not be able to piggyback on their election. Short of holding a special municipal election, and assuming a Charter amendment is proposed, the question could be added to the ballot for the City's regular election in March of 1992. At the June 4th workshop, it was determined that each Commission member would appoint two (2 ) individuals to the Charter Revision Committee. It is suggested that each of you be prepared with at least three or four names of individuals in order to avoid any duplicate appointments. Recommend adoption of Resolution No. 50-91 establishing a Charter Revision Committee, with a determination being made as to the time frame to be involved, and appointment of ton (~) members to serve on the committee. b{WEfl mEmBEI2-S ~ CLDJ ~ ( /.e II ) mLM7~ 4-/0 r 10/1/9/ ~ - -- " RESOLUTION NO. 50-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A CHARTER REVISION COMMITTEE FOR THE SOLE PURPOSE OF REVIEWING THE CITY'S CHARTER WITH RESPECT TO THE ISSUE OF LENGTH OF TERM AND NUMBER OF TERMS TO BE PERMITTED FOR MAYOR/COMMISSIONERS AND FORMULATING RECOMMENDATIONS TO THE CITY COMMISSION. WHEREAS, Article III, "Legislative", Section 3.01 of the'Charter of the City of Delray Beach, Florida, provides, in part, that the Mayor and Commissioners shall be elected at large for a term of two (2) years: and, WHEREAS, the City's Charter currently makes no provision as to the number of two year terms a Mayor or Commissioner may serve, consecutive or otherwise; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, is desirous of receiving input and comments from a broad cross-section of the community with respect to the issue of length and number of terms of office in order to obtain an independe~t perspective, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That there is hereby established a Charter Revision Committee which shall study and make recommendations to the City Commission as to the issue of length and number of terms of office. p.\_.t."t(_f.._(~ ) Ii Section 2. That the Charter Revision Committee shall consist of ~10) individuals from the community at large, with each member of the City Commission ~ppoin~ing two (2) members to the committee. J '" '!'VK).".. r.".._ Section 3. That the sole charge and purpose of said Charter Revision Committee shall be to review the City's Charter with respect to the issue of length of term and number of terms to be permitted for Mayor/Commissioners and to formulate recommendations to the City Commission. Section 4. That the Charter Revision Committee shall immediately pursue its assi~ned task with a target of accomplishing said task by C (..k: \ , I, '1.o:t \ Section 5. That the Charter Revision committ~ shalJ disband upon the discharge of its assigned task or by 0 . I (CI; \ unless otherwise extended by action of the City Commission. , PASSED AND ADOPTED in regular session on this the 11th day of June, 1991. 'M A Y 0 R ATTEST: City Clerk -- . . . I I RESOLUTION NO. 50-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A CHARTER REVISION COMMITTEE FOR THE SOLE PURPOSE OF REVIEWING THE CITY'S CHARTER WITH RESPECT TO THE ISSUE OF LENGTH OF TERM AND NUMBER OF TERMS TO BE PERMITTED FOR MAYOR/COMMISSIONERS AND FORMULATING RECOMMENDATIONS TO THE CITY COMMISSION. WHEREAS, Article III, "Legislative", Section 3.01 of the Charter of the City of Delray Beach, Florida, provides, in part, that the Mayor and Commissioners shall be elected at large for a term of two (2) years; and, WHEREAS, the City's Charter currently makes no provision as to the number of two year terms a Mayor or Commissioner may serve, consecutive or otherwise; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, is desirous of receiving input and comments from I a broad cross-section of the community with respect to the issue of length and number of terms of office in order to obtain an independent perspective, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That there is hereby established a Charter Revision Committee which shall study and make recommendations to the City Commission as to the issue of length and number of terms of office. Section 2. That the Charter Revision Committee shall consist of eleven (11) individuals from the community at large, with each member of the City Commission appointing two (2) members to the committee and the Mayor appointing a Chairperson. Section 3. That the sole charge and purpose of said Charter Revision Committee shall be to review the City's Charter with respect to the issue of length of term and number of terms to be permitted for Mayor/Commissioners and to formulate recommendations to the City Commission. Section 4. That the Charter Revision Committee shall immediately pursue its assigned task with a target of accomplishing said task by October 1, 1991. Section 5. That the Charter Revision Committee shall disband upon the discharge of its assigned task or by October 1, 1991, unless otherwise extended by action of the City Commission. PASSED AND ADOPTED in regular session on this the 11th day of June, 1991. ~. ~MA~ ATTEST: C2.L ~'f(!)f1,)fj f ~ jj(]:Fh:r City Cl k . ". MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ CITY MANAGER '13 SUBJECT: AGENDA ITEM # - MEETING OF JUNE 11 , 1991 BID AWARD - LIGHTING OF MUNICIPAL TENNIS COURTS DATE: June 7 , 1991 This item is before you to award the bid for lighting of the Municipal Tennis Courts to Basic Lighting Maintenance, d/b/a American Lighting Maintenance, in the amount of $79,714. We received five responses to our request for qualifications for this project. The request for qualifications requested quotes for two options, basic lighting and Alternate #1. Alternate #1 in addition to the basic lighting package, included specifications for shields to reduce the amount of spill and glare from the lights into the surrounding neighborhood. Of the bids received only one, Basic Lighting Maintenance, met all of the bid specifications. A total of $56,000 was budgeted for this project. Funding is available in the 1989 Note Construction Fund Tennis Center Improvement/Other (Account No. 340-4145-572-60.69) . Account balance $994,083.23. Recommend award of the bid for lighting of the Municipal Tennis Courts (Alternate # 1) to Basic Lighting Maintenance dlbla American Lighting Maintenance in the amount of $79,714 with funding from 1989 Note Construction Fund Tennis Center ImprovementlOther (Account No. 340-4145-572-60.69). L{(/ ~:m tv LL~~ Jud/ Cl-~ cf& f1Of~ p1l~ 1../-0 . Agenda Item No. : AGENDA REQUEST Date: June 6, 1991 Request to be placed on:' x Regular Agenda Special Agenda Workshop Agenda When: June 11. 1991 Description of agenda item (who, what, where, how much): Bid Award - Lighting of Municipal Tennis Courts Bid /I: 1/ -51f ORDIHARCE/ RESOLUTION REQUIRED: YESINO Draft Attached: YES/NO Recommendation: A~Rrd to low responsive bidder, Basic Lighting Maintenance d/h/R/ Americ.an Lihtin~ Maintenance at a cost of $79,714. II 1&-116 / Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Reviewl Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Desfi~ti.onOr/~~ 4/lJ\ S;7cJ Tot) .{oCJ Account Balance" qq. 3' "3 ~ C. :tn. I ~ ~(' ho-. City Manager Review: T~~ Q rC/;:ioj Approved for agenda: r!SJI NO 1M l ~n'1""e fr\Q r-Os 1"l~1 Hold Until: ' Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager/ ~Administrative Services FROM: Ted Glas, Purchasing Officer ;!/k DATE: June 6, 1991 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JUNE 11, 1991 - BID AWARD - BID #91-54 LIGHTING OF MUNICIPAL TENNIS COURTS Item Before City Commission: The City Commission is requested to award contract to low responsive bidder, Basic Lighting Maintenance d/b/a/ American Lighting Maintenance, at a cost of $79,714. Per the Budget Office, funding is from: ~UO~,( ~1~- (cl).y'l (<61 r\ck Cmst(4.(ht/\ ~nd., \~f1I~ r~nV(' / 1:r:m~Yt" .6~er ). ( Background: Funds were allocated in the FY 90-91 budget for new lighting at the municipal tennis courts. A total of $ ~D J Ctti . Q) was budgeted for this purchase. . Bids for this project were received on May 30, 1991 from five (5) contractors, all in accordance with City purchasing procedures. (Bid #91-54. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. Thompson Engineering Consultants and the Director of Parks & Recreation have reviewed and evaluated the bids and recommend award to the low responsive bidder, Basic Lighting Maintenance d/b/a American Lighting Maintenance, per attached memos. Recommendation: Staff recommends award to low responsive bidder, Basic Lighting Maintenance, d/b/a/ American Lighting Naintenance, at a cost of $79,714. Attachments: Tabulation of Bids Recommendation from Parks & Recreation Recommendation from Thompson Engineering Consultants pc Joe Weldon 0 0 D-i -ir-i 3: 0 0 ro mHO D 3: 3: -i-i ZG)-i -< 3: 1J mD ZID m r ::Or H-ir < Vl Z m Z (j)H m 0 -i -i D-., zr Z . (j) H -i0 OG)C 0 "- 0 m::o 0 3: 0 .... m Z C01J ::0 -lJ X :ll: ::0-., ,. -lJ 0 0 .... -i r..ry .... m -., try 3: C 1J C3: -i ~ Z H 0 H-., 0 ::0 00 Z ^ H::O to .. 1J .. D r t'" 1..nC') OIZO> n 01 a- ..... Nil> = 0 ,..,., n o ll> 0 Z .... 0 01 0" l'I" ~ ~ n 0 '< o ::r a 0 >;:l ..,.. i:lo ,..,.,.... ,., i:lo 0 n> ll> t;I:l .- n> ,., ::r i:lo ( ;:l ;:l ..... ..... ~ !f 0"1"\ ,., n> n> ..... non> i:lo .....01 n> 1"\ ;:l n> n> ,., ;:l N 1"\ i:lo i:lo i:loi:lo .....i:lo .- 1"\ n i:lo=OQ ( n ll> .... ll> ::r ( 0 a n> o n> 1"\ 0 01 01 n> ..... n i:lo 1"\ 0 n ,.,=.... l'I""'i:lo t'l 01 l'I" ::r a .- 1"\ . 0 ll> .- n> n>. n> '< n> n ,..,., O";:l n 01 n - = 0 t-'. ,., n> ,., 1"\ 1"\ i:loll> t-'. ll> 1"\ t-'. ,., 'tl ,..,., ..... ,.. ..... ,., ,., n r '< 0 n> ;:l 1"\ H -- --. G) t'" I 1l>....C') ag:' ... ... 0 > nOl.- .... .... n> -i 01 N ll> ... ,..,.,n o ll> 0 i:lo H 01 ,.,n CIlH l'I" m~o ..,.. ..,.. 0" OIN::r ,., = ll> CIl = >-i >;:l Vl ..,.. n> Z n> ..,.. t-'. n>aOl,cO"t'li:loO n> n - ':0 ,., G) n "" n> i:lon> =01 i:lo( ;:l ;:l ll> \0 ,., -i = . 1"\ ;:lCllll>,.,t'ln>..... no...... ..,.. ..,.. n> 0 D 1"\ 001 ( ,.. 'tl 1"\ .....,c ;:l n> n> ,., n> 0 0 1"\ -., aJ ..... Vl ..... ll> n> n> ,., = i:lo i:lo .....;:l ,.. n ,.. ,.. n = t-'. n> OQ ( n i:lo \0 \0 t'l C '< 01 ::r ::r..... ..... t::l ,., 'tl = n> o n> ll> 00 00 ...... 3:aJr . = n> 0,..,., n>aai:lo 1"\ 1"\ n> CHD O"n O";:l.....t'li:lon> l'I"'" ... ... n ZO-i a l'I" ..... n>,c. ;:l .... 1"\ o i:lo ... ,., H H ..... i:lo 01 i:lo = ,., .- n> ll> 1"\ ,.,,..,., . =. t-'. n '< t-'. 0:ll:0 ,., 0 0" 'tl n> '" n H Z n> 1"\ I a ..... ll> 1J-lJ i:lo n> 'tl ,..,., H D....O ;:l ,., ,., ;:l rl-., ,., n> ;> \fI 1"\ (. t::l - -i.t>aJ ll>VlC')O> t'lC') m H .....0 OINn>,..,.,n O"n .... .....ll> Z 0 ,., n 1"\ l'I" .....0 Z n> 1"\ Z (j) ::r= '" 0 ,., >;:l ll> a 0 Vl n n> a n> ...,..... i:lo 0 ;:l'tl ....., ,.,'< H O"n> n ,..,., i:lo ( l'I"..... t;I:l ~ 1"\ (fJ .....;:l =O".....n>...... n> ..... .....ll> i:lo'" 1"\ ..... n> ;:l n> ,., i:lo 0 n ;:l 0 . ll> .....i:loi:loi:loi:lo t-'. 0 ll> i:lo 0 ,., ,., =OQ 0 ..... t-'. '<OInan> ;:l 0 C')g; c 0 . =::r i:lo 0 ::0 ;:l C1'ft)~ 0 O' = -i a n .- 1"\ ,..,., ;:l ,., (fJ '" ..... l'I'" n> ,.,::r = ,., n ~ 1"\ 0" ,.,,..,., n> ll> a n> 0 ..... 1"\ n i:lol"\ 'tl l'I" ,., ,., ,., 0 ,., 1"\ n> '" i:lo ... ... Vlt;l:lO> ( 01 a- t"'i:lot;l:l ~~~ "'",O"t"'t;I:l iNI 1-1. ...,.. (') o ll> 0 .... t-'. '-ll> i:lo l'I" 1"\ ..... .... ~z.~. i:lo..........'tl '" 0 t;I:l'tl t-'...... ll> o >;:l l'I"i:lon ..,.. . gl"\l;;'~"""~n>i:lo~~ ,..,.,t;I:li:loO ll> ....., ,., ll> n o i:lo ( ;:l ...... ':' :- t-'. n>;:ln=:n>:l,.,,..i:lo O";:ln>...... g ~I JJ in: 0I,c 01.....= i:lo,..,.,::r..... t-'. i:lo;:l n> ....., a- =='''''''0" t-'.ll>;:l0 i:lo i:loi:lo .....i:lo .- 0 n>OQ [~ ~g'gn"'OQ;:l "'=OQ n ll> ..,.. W 3:1"\::r ll> = a n> n> 1"\ Il>.....,., ..... n> i:lo ...... ~ a ,.. 3: '" 0" i:lo 0 0 .....n..... gi:lo o.....~t-'.~ir~ a.... "'i:lo 0 0 ;:l ll> ;:l (I] 1-1...... 11 o ll> "';:lOQ n> i:lo ;:l t'l ..... g,., n n> ,., . n> '< ... ... i:loO ,c......tlltllOO n ,., n n tll ... bf n ,.,....... ;:l = n> n> 0 (= ::r N ...... CIl 1"\ i:lo t-'. ~ ~ t-'. .....a n>ll>1l> '<'tl t-'. 'tl ;:l ,., n> tll ,., 0 ,.,,..,., ,., n> ,., ,.. ::r;:l ..... 1"\ '< 0 ;:l n> ,.. 0 ,., 1"\ n 1"\ I ;:l tll n> tll Z Vlt;l:lO> n tll \0 .... H>-i = 0 N....,..,.,n o ll> 0 ;:l ::r 0" i:lo l'I" ~ ~ n Z .- n n> a 0 o >::3 0 0 .....,., ,..,.,t;I:li:loO n> ll> 0 'tl ,.,::r o i:lo ( P P ...... t:D '0 0 ,., n> o";:ln>...... non> ..... ( n> 1"\ ..... i:lo;:l n> n> ,.. ::3 i:lo 0 n> i:lo i:lo i:loi:lo .....i:lo 0 1"\ i:lo tll = OQ ( n ll> ( 0 ll> = a n> o n> 1"\ 0 ~ .....n '" 0" i:lo 1"\ 0 ,.. = a.... l'I""'i:lo tll ::ra (f.l .... to-' t1 o ll> 0 n> n> ,., . n> '< n 0"::3 n ,., n tll t-'. .....,., = n> n> ll> i:loll> 1"\ i:lo t-'. ll> ,., ,.. ..... 'tl ,..,., n> ..... ,..,..,., ,., ,., tll 0 '< 0 n> ::3 1"\ 1"\ MEMORANDUM TO: Ted Glas Purchasing Officer FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Bid #91-54 Tennis Court Lighting DATE: June 6, 1991 Attached please find the spread sheet for the installation of new lighting for six ( 6 ) tennis courts at the tennis center. Also attached is a letter of recommendation from Dan Thompson of Thompson Engineering consultants who prepared the specifications and made recommendations of bid award. The bid requested quotes in two options: the basic lighting package and Alternate #1 that would limit the spill and glare of the lights into the surrounding neighborhood. This option was requested because the height of the pole is going from its present height of 20' to 39' for the new lighting system. The low bidder in the basic package was Lloyd Morris Electric at $41,521. His bid was unacceptable because he did not submit information required by the specifications and we cannot determine which product he is using. It is my recommendation that we use Alternate #1 to limit glare and light spill into surrounding homes. The second low bid was by Ledbetter Electric, Inc. but this was rejected. As noted in the Thompson letter, the $45,940.98 did not include the shields that would reduce the spilled glare. I recommend the bid be awarded to the next low bid, Basic Lighting Maintenance, for Alternate #1 in the amount of $79,714. The lights that have been specified are moveable upon the determination of the future location of the tennis center. Parks and Recreation J . jmh REF:LIGHTS.DOC cc: David T. Harden, City Manager - - - - ~ HVAC - -- - -- PLUMBING - - - - - - -- ELECTRICAL - - - THOMPSON ENGINEERING CONSULTANTS June 6, 1991 City of Delray Beach 100 N.W. 1st Street Delray Beach, Florida Attn: Mr. Joe Weldon, Director of Parks & Recreation Re: Lighting of Municipal Tennis Courts Dear Joe: To further discuss the bids received for the above referenced project, I believe the following information is important in our decision making. 1. The bid received by the City from ALM for $44,603.00 is the lowest bid that meets the specifications. 2. The bid by ALM of $79,714.00 for "MUSCO" lighting package is the only bid that complies with our request for Alternate #1 which would limit spill light and glare. In an effort to understand why the other named manufacturer, Hubbell, did not submit a quote for the alternate I spoke with the local representative, Mr. Steve Kosowsky, of Power and Lighting Systems. He informed me that he was not aware of the requirements of Alternate #1 until four days prior to bid date. At that time he did not have enough time to price the alternate. Hubbell would have to add louvers and shields to these fixtures in order to limit spill and glare. By doing this, they reduce the amount of light available on the courts. To compensate for this more fixtures will be needed. This may impact the pole sizing (not height) thickness. It is by estimate after talking to Mr. Kosowsky that the extra costs involved to bring Hubbell up to the Spill-Glare requirements would be at least $10,000.00. I questioned Mr. Kosowsky as to why he didn't get in touch with me when he discovered that we had Alternate #1 in the bid package and he did not have enough time to bid on it. He did not have an explanation except that he made an error in judgement in not getting in touch with me. Also, Mr. Kosowsky was concerned that he would be adding more fixtures and therefore not be as energy efficient as MUSCO. I believe that it is essential to limit the spill and glare from the tennis courts. My interest in putting the Alternate #1 in the contract was to determine the actual costs of limiting the spill and glare. The only product submitted that will do this is the MUSCO product. As stated previously, only ALM complied with the bid specifications. 937 CLINT MOORE ROAD BOCA RATON, FLORIDA 33487 (407) 994- 1 232 FAX: (407) 241-2429 It is my recommendation that we accept ALM's bid as he is the lowest qualified bid. Also, we should accept his alternate for MUSCO. , Daniel DET/bb M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER lOA SUBJECT: AGENDA ITEM # - MEETING OF JUNE 11, 1991 ORDINANCE NO. 43-91 DATE: JUNE 7, 1991 This is second reading of an ordinance which amends the Land Development Regulations by adding paragraph (c) to provide for the establishment of the grade as the mean elevation of the finished surface of the ground adjacent to the exterior walls of the building, for single family detached dwelling units, of less than three stories. When this matter came before the Commission for first reading on May 28, 1991, a substitute ordinance was presented at the meeting (in lieu of the one that had been provided in the packet). The substitute ordinance provided for measurement at the base of the building as opposed to an average elevation of a lot, and also limited application to an area east of A-I-A. Upon discussion, the ordinance was modified by deleting the words "East of State Road A-I-A" from the caption, thereby making it applicable on a City-wide basis, and was passed on first reading by unanimous vote. The text of the ordinance has been amended to reflect the modified caption and is before the Commission in final form at this time. Recommend approval of Ordinance No. 43-91 on second and final reading. Q$~ 4/0 ~ ,/ ~'5' .Jyr ( C') 1\. ~J!, ~ ~ ~dr ORDINANCE NO. 43-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS', ARTICLE 4.3, "DISTRICT REGULATIONS, GENERAL PROVISIONS," SECTION 4.3.4, "BASE DEVELOPMENT STANDARDS", SUB-SECTION 4.3.4(J), "HEIGHT" OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING PARAGRAPH 4.3.4(J) (2), "BASIS FOR MEASUREMENT", BY REENTERING THE STARRED PARAGRAPHS TO ( a) and (b), AND ADDING PARAGRAPH (c) TO PROVIDE FOR THE ESTABLISHMENT OF THE GRADE AS THE MEAN ELEVATION OF THE FINISHED SURFACE OF THE GROUND ADJACENT TO THE EXTERIOR WALLS OF TH'E BUILDING, FOR SINGLE FAMILY DETACHED DWELLING UNITS, OF LESS THAN THREE STORIES; BY AMENDING SUB-SECTION 2.3.4(K), "DEVELOPMENT STANDARDS MATRIX - RESIDENTIAL ZONING DISTRICTS", TO PROVIDE FOR A REFERENCE TO THE HEIGHT LIMITATION FOR SINGLE FAMILY DETACHED DWELLING UNITS IN RESIDENTIAL ZONING DISTRICTS; 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: I I Section 1. That Chapter 4, "Zoning RegUlations", Article 4 . 3 , "District Regulations, General Provisions," Section 4 . 3 . 4 , "Base Development Standards", Sub-Section 4.3.4(J), "Height", Paragraph 4.3.4(J)(2), "Basis for Measurement", 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: (2) Basis for Measurement z~ For buildings adjoining one street, the grade is established from the mean elevation of the crown of the street along the lot frontage. z(b) For buildings adjoining more than one street, the grade is established as the average of the mean elevation of the crown of the adjoining streets. (c) When applied to single family detached dwelling units, less than three stories, within residentially zoned districts, the grade is established as the mean elevation of the finished surface of the ground adjacent to the exterior walls of the building. Under no circumstance shall the grade be higher in elevation than the highest point of the unaltered dune or the crown of the street. Section 2. That Chapter 4, "Zoning Regulations", Article 4.3.4, "District Regulations, General Provisions," Section 4.3.4, "Base Development Standards", Sub-Section 4.3.4(K), "Development Standards Matrix - Residential Zoning" 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: HEIGHT ill B 1 (4) See Paragraph 4.3.4(J)(2) for single family detached structures in residentially zoned districts. 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 affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. That this ordinance shall become effective within ten (10) 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 J Second Reading ! I 2 ORD. NO. 43-91 ft- Melito C'TYOfDaRAY8~~~ TO: D I}V, 0 K..ouR<!,S DATE: '/'{9/ FROM: IUi~n J.lRert( SUBJ: oeo. # 43...'1 , (HtC..l&HI J BAS IS Fole. mCC:.AS~men"" - SlnGt.i.. ':;R-P1IL.Y ()~iRCl-let> O~n&- lJ.ntT'S) A~~ ,~ +he. eeOeRFr' of 1.\ 3 ..q I AS Pecu \ oeo e,y The. C i1Lf ~~ney S of~icx.. . :z:+ ~FLEC.TS "The.. CAP'T100 Whia.-H WR-S R-o" F-e.-nse. D. P J..X.A-SS- "Reo, e.w j IF- '(CO- 1-1 AuE.. C.ommeniS o~ Co~~~-f)S p~st coff'fAC!T ) l)~UI 0 "-oJ..~~S 't=oe- ~eJFlc~71OJi>. 1/JHf1J:, . '-IOU- - ~ 6/'/91 - . . "' . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER i-~rtr-r SUBJECT: AGENDA ITEM # !:<A' - MEETING OF MAY 28, 1991 ORDINANCE NO. 43-91 DATE: May 23, 1991 This is a first reading of an Ordinance amending the Land Development Regulations to provide for a height limitation of 35 feet, measured from the average ground elevation of the lot, for single family detached dwelling units less than three stories. This ordinance follows direction received at your May 14th meeting. , The Planning and Zoning Board will consider this item at a special meeting scheduled for June 3rd. p~ I$"+- /!..uuJ- <ffI S/8~/91 Ildu. t,e PH dY) ~//I /9/ PlL8tlS!-l : .:fu.nc, I, 199/ . _ H__ --.-. ~ ORDINANCE NO. 43-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS' , ARTICLE 4.3, "DISTRICT REGULATIONS, GENERAL PROVISIONS," SECTION 4.3.4, "BASE DEVELOPMENT STANDARDS", SUB-SECTION 4.3. 4(J), "HEIGHT" OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING PARAGRAPH 4.3.4(J)(2), "BASIS FOR MEASUREMENT", BY REENTERING THE STARRED PARAGRAPHS TO (a) and (b), AND ADDING PARAGRAPH (c) TO PROVIDE FOR THE ESTABLISHMENT OF THE GRADE AS THE MEAN ELEVATION OF THE FINISHED SURFACE OF THE GROUND ADJACENT TO THE EXTERIOR WALLS OF THE BUILDING, FOR SINGLE FAMILY DETACHED DWELLING UNITS, OF LESS THAN THREE STORIES; BY AMENDING SUB-SECTION 2.3. 4(K), "DEVELOPMENT STANDARDS MATRIX - RESIDENTIAL ZONING DISTRICTS", TO PROVIDE FOR A REFERENCE TO THE HEIGHT LIMITATION FOR SINGLE FAMILY DETACHED DWELLING UNITS IN RESIDENTIAL ZONING DISTRICTS; 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 4, "Zoning Regulations", Article 4.3, "District Regulations, General Provisions," Section 4.3.4, "Base Development Standards", Sub-Section 4.3.4 (J), "Height", Paragraph 4.3.4(J)(2), "Basis for Measurement", 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: (2) Basis for Measurement *~ For buildings adjoining one street, the grade is established from the mean elevation of the crown of the street along the lot frontage. *(b) For buildings adjoining more than one street, the grade is established as the average of the mean elevation of the crown of the adjoining streets. (c) When applied to sinqle family detached dwellinq units, less than three stories, within residentially zoned districts, the qrade is established as the mean elevation of the finished surface of the ground adjacent to the exterior walls of the buildinq; however, under no circumstance shall the grade be higher in elevation than the highest point of the unaltered dune. Section 2. That Chapter 4, "Zoning Regulations", Article 4.3.4, "District Regulations, General Provisions," Section 4.3.4, "Base Development Standards", Sub-Section 4.3. 4(K), "Development Standards Matrix - Residential Zoning" 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: HEIGHT ill . . - . ----.- (4 ) See Paragraph 4.3.4(J)(2) for sinqle family detached structures in residentially zoned districts. 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 affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. That this ordinance shall become effective within ten (10.) 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 May 28, 1991 Second Reading 2 ORD. NO. 43-91 . , M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM # la 1/ - MEETING OF JUNE 11, 1991 ORDINANCE NO. 44-91/REZONING OF A PORTION OF THE HOLLAND PROPERTY FOR BELL SOUTH MOBILITY DATE: JUNE 7, 1991 This is first reading of an ordinance which rezones a 0.11 acre parcel from Planned Office Center (POC) District to Community Facilities (CF) District. The subject property is located in the southwest corner of the Holland property in the vicinity of Military Trail and Linton Boulevard (south side). The impetus for this action was a determination of similarity of use to allow the consideration of a 150 ft. communications tower as a conditional use in the Community Facilities (CF) zoning district. Applications for the necessary land use actions were subsequently submitted; they involve the subject rezoning and an attendant conditional use application. In order for these land use items to be considered concurrently by the Commission, first reading of the rezoning ordinance is being presented at this time. The Planning and Zoning Board is scheduled to review the matter at its meeting of June 17, 1991, at which time a formal recommendation will be made. Therefore, consideration of the conditional use request in conjunction with second reading/public hearing of the rezoning ordinance will be heard by the City Commission on June 25, 1991. Issues and questions concerning height, location and sharing a site will be addressed as part of the conditional use approval on June 25, 1991. Recommend approval of Ordinance No. 44-91 on first reading, with second reading and public hearing to be scheduled for consideration concurrently with the conditional use request on June 25, 1991. ~ 6f\ 19- ~\O / ~, f ~ . C I T Y COM MIS S ION DOC U MEN TAT ION TO: QH;\~C~:ANAGER FROM: DA D J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 11, 1991 FIRST READING, REZONING FROM POC TO CF, A PORTION OF THE HOLLAND PROPERTY FOR BELL SOUTH MOBILITY ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a rezoning ordinance on first reading so that second reading (public hearing) can occur concurrent with consideration of the attendant conditional use request. The attendant conditional use request is for a 150' communications tower to be operated by Bell South Mobility. The tower is proposed to be located in the southwest corner of the Holland property in the vicinity of Military Trail and Linton Boulevard. BACKGROUND: The procedure being proposed for this rezoning consideration is a bit different than normal. Heretofore when a conditional use application was made in conjunction with a rezoning, we have awaited the recommendations of the Planning and Zoning Board, conducted first reading at the next City Commission meeting, and then held a public hearing with immediate consideration of the conditional use request. Often times, consideration of the conditional use item occurred when first reading was before the City Commission. To avoid such confusion, the rezoning ordinance is before the Commission prior to Planning and Zoning Board action; thus, the procedural matter of first reading will be accommodated and the City Commission will only need to address the use issue at one meeting. The specific request involves l-ezoning 0.11 acre to CF within a larger parcel of 8.7 acres which lS zoned POCo Subsequently a plat will be required. The current zoning is via a meets and bounds description. This rezoning action is directly tied to a concurrent conditional use request for a communications tower. The general subject has been discussed with the City Commission previously. A pUblic hearing on the rezoning and consideration of the Planning and Zoning Board recommendation on the conditional use request will be before the City Commission on June 28th. . City Commission Documentation First Reading, Rezoning From POC To CF, A Portion Of The Holland Property For Bell South Mobility Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board will review this item at its meeting of June 17th at Hhich time a formal recommendation will be made. RECOMMENDED ACTION: By motion, approval of this rezoning ordinance on first reading with second reading and public hearing to be scheduled for consideration concurrently with the conditional use request on June 28th. Attachment: * Cover sheet for the P&Z staff report. * Ordinance provided by others DJK/#83/CCTOWER.TXT P.LANNING & ZONING BOARD CITY OF DELRA Y BEACH --- STAFF REPORT --- MEETING DATE: ,nINE 17, 1 qql AGENDA ITEM: . ITEM: CONSIDERATION OF REZONING FROM POC TO CF FOR A PORTION OF THE HOLLAND PROPERTY ~OR BELLSOUTH MOBILITY - I i I PHASE J) I I"HAS[ "J I LLLLJ. I UlCTOIC IClCAnAllD , -------- I CANAL , LATER (UNCU: DAN'! NURSERY) L-36 I / I~ PC N / POC 1= ~~ ,- (BOCA-RAY PLAZA) I I~ I~ I ^ , ~ --------------- c GENERAL DATA: Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . Gerald Holland Agent. . . . . . . . . . . . . . . . . . . . . . . . . . . Lee Starkey (Adair and Brady, Inc.) Location... ..... ................On the south side of Linton Boulevard, between Military Trail and Germantown road, in the rear of the Holland Parcel. Property Size................... 0.109 Acres City Land Use Plan..............Transitional Current City Zoning.............POC (Planned Office Center) Proposed Zoning.................CF (Community Facilities) Adjacent Zoning.................North and east of the subject property is zoned POC, south is zoned CF, and west is zoned PC (Planned Commercial). Existing Land Use........... . . . . Ag~icultural Use Proposed Land .Use...............Communication Tower ORDINANCE NO. 44-91 AN ORDINANCE OF THE CITY COMMISSION OF THE C I'I'Y OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT1 SAID LAND BEING THE SOUTH 50 FEET OF THE WEST 95 FEET OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD BETWEEN OLD GE.RMANTOWN ROAD AND MILITARY TRAIL; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE1 PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the fOllowing described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the CF ( Com- munity Facilities) District as defined in Chapter Four of the Land Development Regulations of Delray Beach, Florida, to-wit: The South 50 feet of the West 95 feet of the Northeast One-Quarter (NE 1/4) of the Northwest One-Quarter (NW 1/4) of the Northwest One-Quarter (NW 1/4) of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida. The subject property is located on the south side of Linton Boulevard between Old Germantown Road and Military Trail, Delray Beach, Florida. The above described parcel contains a 0.109 acre parcel of land, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning District Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be.invalid. Section 5. That this ordinance shall become effective imme- diately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1991. MAYOR ATTEST: City Clerk . First Reading Second Reading